Research On Contract Enforcement Mechanism Of Private Lending

How does fuse with the seemingly contradictory characteristics that incomplete and high enforcement rate of private lending contract? In the social and economic transition,the transaction subjects of private lending contract is changing,the strong ties of kinship and region is transforming to weak ties of industry and commerical gradually,what influence it has on the market of private lending,why can pruduce such effect,how effectively eliminate or reduce such effect? Faced with the series of problems,this paper trys to explore these problems one by one from the perspective of contract enforcement mechanism.Firstly,this paper make the related theoretical research on contract enforcement mechanism of private lending,then,combined with the strong、the weak division of social relations,researched on strong ties of private lending that has informal contract enforcement mechanism and action mechanism;In the strong ties transforms to weak ties transition, it is the combination of mechanism and case to research on contract enforcement mechanism of private lending,to study the variation of informal contract enforcement mechanism from a dynamic perspective,and to study formal contract enforcement mechanism of law from a static perspective and the influence caused by them.The main conclusions of this paper are as follows:First, It is an effective contract enforcement mechanism of private lending, especially informal contract enforcement mechanism that prompts incomplete coexists with high enforcement rate of private lending contract.Second,Strong ties of private lending contract enforcement mechanism relys on kinship and region as carriers,under the common governance of three mechanisms that are information and trust mechanism、flexible guarantee mechanism and non-legal punishment mechanism,to ensure the enforcement of contract,that is a informal contract enforcement mechanism of self-governance.Third,Along with the social relations that the transaction subjects of private lending contract transform strong ties to weak ties,private lending network gradually spread, "structural holes" gradually produce 、 expand and superimposed,the lending chain is significantly strecthed,making the informal contract enforcement mechanism gradually weakening and enforcement down;Furthermore,in our country,legal system construction in the field of private lending is not mature、standardized,caused by formal contract enforcement mechanism of law can not play an effective role.Therefore, from the perspective of contract enforcement,the market of private lending risks have increased.Fourth,Through strengthen the construction of the legal system、improve the market monitoring of the department;reform the existing financial system、broaden the financing channels of small and medium-sized enterprises;improve the debt contracts;cultivate awareness of personal and social honesty,these measures can strengthen contract enforcement, reduce the risk of private lending market to a certain extent.