The Research On The Application Of The Law Of The Private Lending Issue

As the trend of economic globalization and financial reforms, micro, small and medium enterprises in China is growing, financial products and financial market reforms increasingly complex, corporate finance and civil disputes practices in personal lending have continued. Prior to that, China’s regulatory measures on private lending has been the single, even the private lending as one of the most importan t means of financing enterprises and individuals, but because of the financial instituti ons that are not strictly under the control of the financial regulator, loan contract has been entered into the edge of the law, no suitable legislative protection and justice tended to repressive attitude. Coupled with the loan market is in turmoil, borrowing rates and the validity of contract for personal loan had no clear legal provides, this also means with exists many legal vulnerability, unable to regul ate the borrowing behavior, personal or enterprise is difficult to legitimate fin ancing, personal people for the loan problem also in contradiction, civil borrowing of judicial relief relative weak, the issue of suitable legal by the private lending urgently clear.On September 1,2015, our country implementation Supreme People’s Court on hearing the cases of private lending application of legal several provisions on several issues, the rules first attempts to specify the range of usury, first bring the business debits and credits into the adjustment range of civil law, it should be an addition to the opinion of the cases of folk debit and eredit.Given the assumption of interest rates liberalization and the development of internet economy, clearly determine the liability on the private lending of peer to peer which called prosper. With the implementation of the regulations, how to combine the original loan case, the law of contract, as well as many local policy documents such as the understanding of borrowing problems, this is essential t o resolve the practical problems of private lending disputes, to ease the contra diction of the credit market.The content on this paper main talks about the issue of the law applicati on on several problem of private lending, according to latest judicial explanat ion of private lending, analysis by synthesis methods to general compared the issues of legal regulations on private lending and the judicial attitude. Summed up the standard of the judicial judgment on lending contract effectiveness, some special cases and the hugely controversy of borrowing interest rates. I dentify concretely of those issues will mollifying the contradictions on credit lenders and borrowers, which can also further regulating the credit market in China.