Research On The Legal Issue Related To The Risk Supervision Of Informal Deposit-taker

Informal deposit-taker refers to those organizations or platforms, which without the approval of the state's financial regulators to raise money from the multiple money holders spontaneously. Informal deposit-taker plays an active role in regulating the balance of private funds and resolving the funding gap and other aspects of the private economy. On the other hand, informal deposit-takers often outside of the country's financial regulatory system and lack of external supervision and internal restraint mechanism, which make informal deposit-taker accumulated number of risks in the development process. Once the scale of deposit-taker out of control can easily destroy the financial order and cause serious social harm. Under this background, this paper researches from the perspective of the he risk supervision of informal deposit-taker and analyses the problems of the current risk regulatory systems of informal deposit-taker. Then, with the successful experience of other countries or regions in risk supervision of informal deposit-taker, this paper puts forward some suggestions to improving the legal system of risk supervision of informal deposit-taker, hoping to prevent the risk of informal deposit-taker, even the whole informal financial markets, and to safeguard the healthy and orderly development of informal finance.Apart from the introduction, this paper contains four parts.The first part is mainly about the theoretical framework of risk supervision of informal deposit-taker. Starting from defining the concept of informal deposit-taker, the paper introduces some types of informal deposit-taker, through analyzing the risk of informal deposit-taker and some theory of risk supervision of informal deposit-taker, to determine the theoretical foundation for the later system desing. The second part mainly elaborates the status of risk supervision of informal deposit-taker. Through in –depth study on the legal status of informal deposit-taker, supervision subject and supervision measures, legal liability, summing up problems in risk supervision of informal deposit-taker, such as the supervision idea's deviation,lacking of supervision and earlywarning mechanism, to provide logical basis for system design at the last part.The third part introduces the practice and experience of other countries or regions in risk supervision of informal deposit-taker, especially the regulation of Rotating Savings and Credit Association in Taiwan of China, Japan and Indie, the supervision model of P2 P lending platform in Britain and America, also the successful experience of governance underground bank of Australia, Singapore and America.The fourth part puts forward suggestions to consummate the related legal systems concerning risk supervision of informal deposit-taker. Firstly, define the principles of risk supervision of informal deposit-taker, such as the principle of combining appropriate supervision and loose control, the principle of equal preventive supervision and remedial supervision, the principle of combining outside supervision and self-regulation, the principle of classification supervision. Then by selecting the proper legislative model, clarifying the legal status of informal deposit-taker and classified regulation on informal deposit-taker, to consummate the related legislation. Finally, starting from the supervision mode, supervision content and supervision indicators to build risk supervision system of informal deposit-taker.