The Legal Regulation Of Private Lending Interest Rate In China

With the development of our economy and the improvement of the legal system construction,formal financial tends to be standardized and normalized.However,as a formal financial beneficial complement,the legal status of private lending has been relatively not clear.At present,the market requirement of the folk lending interest rates continuously rises.The private lending interest rate rules in the current legal system does not match with market requirement.The related general civil disputes,usury,and illegal fund-raising occure frequently.Which arouses high attention of the economic law theory and practice.The legal regulating of the folk lending interest rates should explicit the following three points:First,private lending is a product of the market,which adjusted by the the market rule.So private lending interest rate rules should fully respect the market,and follow the folk economic operation practices.Second,the government intervention take market failure for boundary,therefore,the folk lending rate of intervention must be motivated by maintaining social fairness and justice,guarding against financial risk, guaranting financial freedom and financial security.Third,the financial system of finance restrain,legal system constraints,and the lack of credit system lead to the lack of a good institutional environment in our country folk lending.Under the background of market-oriented reform and the rule of law reform,it is the central work of perfecting the laws and regulations of the folk lending rate to make clear the relationship between the market mechanism and government intervention on the issue of folk lending interest rates.and explore how to form the folk lending interest rates incentive legal governance model through reforming management system of the market admittance and surveillance.As well,except preface and conclusion,from chapter two to chapter seven of this paper discusses the legal regulation of private lending interest rates from different angles:In chapter two,we rethink social status and legal status of private lending interest rates.Find out that the relevant legal regulation is relatively loose and fuzzy,even conflict with each other.As well as academically indulgement and control dispution of folk lending.From the three aspects to elaborated the necessity of legal regulation of the research of folk lending interest rates.The third chapter to reflect the long-term financial repression policy and the dualfinancial structure which caused illegal loan sharks,financing,and general civil disputes social problems caused by private lending interest rates,,Mainly analyzes the usury problems and reasons,and distinguish the boundaries between the general civil disputes and illegal funds.raising.To the interest rate market attributes,the fourth chapter emphasizes the folk lending should be "thin" not easy "wall".Only respect the market and under the premise of folk lending economic operation rules,give play to the role of market regulation,can more truly reflect the local financial market prices and financial capital scarcity of funds,more close to the endogenous market-oriented interest rates,which provide guidance for the legislation on private lending interest rates.The fifth chapter analyses the origin,theoretical basis of government intervention and the concept,principle,borders,etc which the folk lending interest rates should adhere in the process of intervention.Combined with the specific social problems puts forward the specific intervention mechanism:in allusion to usury problems the government intervention should be given priority to civil,for illegal fund-raising behavior should distinguish its boundaries,with general folk lending for illegal fund-raising should crack down on,the interest rate caused by general give priority to with mediation of civil disputes,to establish a diversified dispute mechanism adjustment.Chapter six discussing the folk lending interest rates from the perspectives of incentive and standardize.The formation of private lending dilemma is caused by the system lack,explain the necessity of incentive legal governance model in our country.Incentive system needs do more from the market access,the regional legislation and tax legislation,etc.The seventh chapter puts forward the legal thinking about how to perfect folk lending interest rate regulation of our country in view of the above concrete.The order is given priority to with incentives,giving attention to two or more things for legislative ideology.Building perfect supervision mechanism,to achieve reunification of the supervision of both exante and expost.Establishing the folk lending interest rate the government guidance system.Formulating special law,constructs the specification of the legal system of the folk lending interest rates.