Private Lending: The Basic Category, Effectiveness Evaluation And Research On Standardization System

Private lending is a product of history and society, in our country and the world are widespread. Private lending is an important form of social financing is an important supplement to the national financial system. At present, the problem of private lending outstanding performance is the basic category is not clear, fuzzy judge the effectiveness of the rules and the lack of standardized systems.China’s private lending showing a huge market size, management of confusion, lack of regulation and characteristics of scientific protection system. The legal norms, the performance from the Constitution to the law, to the department regulations multidimensional nature, showing a decentralized, fragmented characteristics, and lagged far behind the reality of social and economic development needs. Resulting there is a huge risk, and the referee applicable rules are not uniform and other issues of private lending practice.Private lending including natural persons, legal persons and other organizations, as the main civil and commercial matters conduct behavior. Nature, private lending behavior is behavior contract with private property, finance, spontaneous, flexible and convenient features. The presence of private lending has its rationality and necessity, it helps to optimize the allocation of resources, contribute to social and economic development.Private lending with a criminal offense does not have the necessary link. In view of the civil and criminal law in the extent of regulation on the progressive increase in the relationship, even if it is involved in a crime of private lending, the results of the evaluation of the Civil Code of course also not invalid, private lending contract is invalid judgment should be used only in conjunction private lending contract invalid special requirements and contractual requirements were generally ineffective.To effectively be regulated and the protection of private lending, should learn from foreign experience and practices based on, take two-step approach, first of all within the existing legal system through legal interpretation, the rational use of legal means of civil lending market initially been standardized, and the creation of a specialized, multi-level, runs through private lending special laws. At the same time, but also by taking a clear regulatory mechanism, establish a credit rating system and other supporting facilities of private lending legal regulation and protection system, so that the private lending real move toward standardization.This paper is divided into six parts. The introduction, private lending is intended to explain the relevant background. Part of the "current situation of private lending and the main issue," from reality, from the data start indicating the current private lending is a hot spot at the same time, private lending to existing regulation and protection systems the problems of the inquiry, leads to the main article issues discussed. Part of the "private lending Basic category research" The main concept of private lending and characteristics of discrimination, but from the perspective of a clear scope of practice of private lending, private lending to point out the importance of the capital market. Part of the "judge the effectiveness of private lending behavior", mainly recognized for the effectiveness of the current private lending issues of fuzzy rules of private lending and civil mixed criminal explore, distinguishing between private lending and related criminal offenses, as private lending "name", further interest rate of private lending and effectiveness were discussed. Part of the "an upgraded version of the private lending standardization system exploration" to previous studies, this paper proposes that we should first change the concept of establishing the basis of both the protection and regulation, and thus a reasonable explanation, the progressive application of existing law, private lending behavior be standardized; explore including the establishment of special legislation, the establishment of industry self-rating system and credit system, a sound legal regulation of private lending and protection systems, including clear regulatory body, in order to achieve healthy and stable development of private lending. The last part is the summary, including expectations for this study and summarize the contents of the future landscape.