Research On Private Lending And Related Crime

Private lending is a folk financing activity relative to the formal financial institutions.At present,China's private lending purposes from the past mainly concentrated in the field of consumer spending to the production field of rapid development,the scale of borrowing was growing trend,private lending litigation is high,and the legal and illegal lending involves borrowing dragons and fishes jumbled together.To distinguish between private lending and related crimes,the difference between private lending and crime of illegal deposits from the public is the main participants of different,different subjective purpose and the consequence is different;difference between private lending and financial fraud is mainly for different objects,subjective and objective different consequences of different.The current urgent need to improve the private lending laws,we should establish the "private lending law","civil law",revise the "contract law" and "guarantee law" and other civil law,Gregory lending and borrowing rates add crime clear limit,amendments to the criminal illegal absorb public deposit crime and crime of fraud provisions.At the same time,in order to strengthen the supervision of private lending,and actively prevent crime,should be clear regulatory responsibilities of the financial supervision and regulation department for private lending,to establish a real-time monitoring system,the information of folk financing statistics and information sharing system,to prevent and combat crimes related to private lending.