Research On Chinese Legal Problems Of Moneylenders

Lenders are an important part of private financial market of our country. Currently our legal system of lenders has not yet formed and Non-deposit Lenders Organization Regulation<ED> hereinafter referred to as the "Regulation") has many errors that need to be corrected. Therefore we should learn from the mature system in the United States, South Africa, Chinese Hong Kong and other countries and regions, improve the law of our country as soon as possible, and enact the new regulation. In legislation, it’s appropriate to reduce the entry barrier and set the barrier in accordance with different regions. And multi-layer flexible interest rate should be implemented. There is an urgent need to ensure the regulatory authority of the central and local governments. And legislators should improve the self-regulatory organization of our country, In the meantime, it is necessary to coordinate conflicts between legal norms in order to achieve the purpose of the construction of legal system of lenders.The first part of the article describes general situation of lending body, including the legal definition and different kinds of lenders. It analysis the scope of the regulation and points out the rationality of including P2P into the regulation introduced in 2015.It lays the foundation for the research below.The second part focuses on the current situation of the lender legal system. For example, confusion of private lending laws and problems of the new Non-deposit Lenders Organization Regulation<ED> should be paid attention. The overall poisoning of the regulation should be the protection of lenders, which distinguished from prudential supervision of formal financial institution. The poisoning has an important implication on the content of paragraphs below.The third part draws mature legal system of lenders from other countries (regions), including access system, rates, capital source and regulatory authority. It sum up the highlights of the national systems and make the specific market analysis according to the status of local lenders in order to avoid overall transplant.The last part of the article puts forward the ideas of building Chinese lenders’ legal system. This part is sublimation and innovation of this article. It points out that we should coordination conflicts, reduce the entry barriers, set up the flexible interest rate and improve regulation system of lenders. As a result, the perfect lenders’ legal system can be built.