The Legal Supervision Of Private Lending

Since china`s reform and opening up,with the development of market economy and the deepening of the reform of financial system,the scale of private lending is increasing.Especially in recent years,the scale and momentum of its development are far more than any time before.Private lending is an important form of financial source of personal and medium-sized enterprises in the life and production of our country,which greatly promoted the development process of all walks of life,But the problems caused by private borrowing are also being produced,and various borrowing disputes frequent.The legal regulation of our country 's private lending is fragmented and fragmentation,At the same time,private lending regulation lacks clear regulatory body,the current system can`t effectively curb the crisis caused by lending.Based on the theory of private borrowing and lending,this paper analyzes the current situation of Chinese private lending and legal supervision,the typical analysis of the United States,Germany,Japan and China's Taiwan financial regulators and self-discipline organizations in the combination of regulatory system,combining with the reform experiment of Wenzhou and other regions in China in 2012,In view of the main body of private lending supervision,content,legislation and relief mechanism,the author tries to put forward the proposal of legal supervision in line with the present situation of our country,hoping to improve the legal supervision of China's private lending research some help.This article is divided into four parts,as follows:The first part: Overview of private lending.This paper defines the concept of private borrowing,analyzes the differences of the relevant concepts of private borrowing,and puts forward the necessity of regulation by analyzing the positive effect and negative influence of private borrowing.The second part: elaborated the current situation of our country private borrowing law regulation,from our country current legal status of private borrowing and the problem of our country private borrowing supervision,elaborated the necessity of perfecting our country private borrowing supervision.The third part: the development process and supervision situation of private borrowing in the United States,Japan,and Taiwan in China are discussed,summarized the development law of private borrowing,and provided reference experience for the supervision of Chinese private borrowing.The forth part: Suggestions on perfecting the legal system of private lending supervision in our country,and drawing lessons from the extraterritorial experience,combining with our country's reform practice in Wenzhou and Ordos area,then perfecting the legal system of private borrowing in our country,clarifying the main supervision subject to local government,as well as the supervising content of market access,marketing monitoring,market withdrawal,constructing self-discipline supervising and perfecting related insurance and judicial rescue mechanism.