Research On The Effect Of The Private Lending Of Contracts

Private lending is a kind of folk financing credit forms which relative to national formal financial industry,during the process of social and economic development,the reasonable supplement of the formal financial.In our country,private lending has a long history and continued till the present day.It is well known by the public and has become an important channel for many market players to get funding,production and life investment profit.But with the extensive development of private lending,some problems also appear.The judgment of the validity of the private lending contract is of great significance in judicial practice.Only based on an effective of private lending,a party can claim the other party to act in accordance with the contract,and it can come down to the liability for breach of contract and the remove of the contract and other issues.But with the extensive development of private lending,some problems also appear.This paper will combine the regulations on the validity of the private lending contract,combing with the court cases,to analysis and discuss the effectiveness of private lending contract,and give some suggestions about improving the effectiveness of private lending contract.The first chapter of this paper is the basic theory about the validity of private lending contracts,which is the first problem to solve in the theoretical study.This chapter mainly introduces the concept,characteristics and current situation of private lending,and gives an outline of the difference between the concept of private lending and related concepts,illegal fund-raising,illegal or disguised deposits from the public,and fraudulent fund-raising,laid the foundation for further research.The second chapter focuses on the effectiveness of private lending contract.This chapter analyzes the effective factors of the private lending contract,the effectiveness of the inter enterprise lending contract,the effectiveness of the lending contract between the enterprise and internal staff,and analyzes the effect of the private lending contract which involving in crimes.The third chapter of this paper focuses on actual state of the effectiveness system of private lending contract.By summing up the above,summarizes the main actual state of the effectiveness system of private lending contracts.There are many invalid civil lending contracts in practice and the provisions of the effect of inter enterprise lending contracts is too broad.The main lines of the fourth chapter are the improvement of the effectiveness system of private lending contract,the author thinks that improving the effectiveness system of the private lending contract has the following methods,including the improvement of the form of private lending contract,unify of the legal provisions of the effectiveness of private lending contracts,the improvement of the effectiveness of the provisions of the loan contract between enterprises and the establishment of private lending contract guidance model.