| The folk lending has gained acceptance since it is a rational supplement for formal finance. Every day, thousands of middle and small-sized enterprises need immense financial support which can not be satisfied by financing institutions, thus giving chances for folk lending to release potential abilities. However, the folk lending has been characterized by tacitness, dispersibility, high risk, polybasic subject and difficulty in regulation for a long time and the nation’s attitude on folk lending has been undefined and that on lawmaking is cautious. For the folk lending disputes,the courts at all levels can only handle depending on the principled provisions in General Principles of Civil Law and Contract Law and the judicial interpretations of Supreme People’s Court. There are no explicit stipulations on the punishments for borrowing money without paying back, absconding with the money, disappearing and usurious loan in law with unclear legal liability and thus folk lending become a hot potato. The market risk of loan market may affect the financial order and social stability as well as challenge the judicial authority.Folk lending is a kind of contract behavior and certain existing space should be left for it on the legal system. Due to the imperfect folk lending law, there are frequent disputes in the practice of folk lending contract. In this thesis, the theory and practice of folk lending contract are analyzed and the suggestions for legal risk of folk lending contract are made. This thesis consists of five parts:The first part is the summary of folk lending contract. There are different opinions on folk lending. The clarification of the connotation of folk lending is of great significance for studying folk lending contract. The author thinks that the nature of folk lending contract in China is a loan contract in. Since the subject of folk lending contract is polybasic and its form has different features with the different regions, the relatively detailed interpretation is made on the types of folk lending contract, the legal features and the main contents.The second part is the analysis on risk points in Chinese folk lending contract. In recent years, the disputes caused by folk lending contract have shown many legal risks and thus the author strives to study the potential problems in folk lending contract form, interest rate, guaranty style and prescribed period for litigation, hopingto find the methods for preventing folk lending disputes and solving realistic problems for folk lending disputes, such as difficulty to prove, usurious loan,compound interest, prescribed period for litigation and gray black lending affirmation.The folk lending contract plays an important role in solving financing difficulty of private economic subject, promoting social economy growth and solving temporary life needs; however, attention should also be paid to the risks in folk lending. In this chapter, following the specific operation mode of folk lending, the potential risks are excavated, hoping to have a comprehensive understanding of folk lending.The third part is the elaboration of the reasons for risks of folk lending contract. Due to unsound law, conflicts between existing legal norms, slow legislation of folk lending contract, lack of credibility and pursuit for high interest rate, there are various uncertain risks in folk lending contract, which should attract the interests of all sectors of society.The fourth part is the exposition of the ways and countermeasures for preventing risks in folk lending contract. Firstly, the possible range of folk lending should be rectified with legal status, the contents for entity and program of folk lending contract should be improved and the folk lending should be incorporated into supervision system. Secondly, the legal consciousness and risk prevention consciousness of citizens should be enhanced, the social credit system construction should be perfected,the judicial punishment should be intensified and the folk lending behaviors should be regulated hierarchically. |
