The Theory Of Legal Regulation For Private Lending Intermediary Service Institutions

III With the rapid development of economy and society,the private lending in ourcountry is very active,but also has been criticized.On the one hand,it is a necessary part for the reform of financial system in our country and can ease the financing difficulties of small enterprises,but the disorderly development of it has also brought many negative effects for society,not only directly interfere with the normal financial order,but also cause the bad influence to the social stability and people's life.This requires China to introduce new law and policies regulate the private lending as soon as possible and make contribution to the further development of economy and finance for China.In recent years,there appear a large number of private lending intermediaries existing in the form of corporate,which is the main carrier of the development of private lending scale at present.But the non-standard business and illegal operation has interfered the local financial market,and even affected social stability.Therefore,to perfect the law and government supervise is extremely urgent.This paper studied the problem of government regulation of private lending agency in China,which has practical significance for intermediary business behavior of private lending standards,at the same time,to deepen there form of the financial system of the city,to promote financial innovation,and the maintenance of the city's financial security and social stability.This paper has three parts.The first part,describe the theory of private lending agency,define the connotation and extension of the private lending agency.The second part,analyze deeply the current management mode of the private lending agency in China.Private lending agency mainly refers to the investment and financing consulting companies.The business of private lending agency can be generally divided into six kinds,providing service to match parties for the two sides and charge intermediary fees,providing loan services and providing sequestration quasi banks lending services by the lenders Commission.The common problems in this kind of companies is: the operation in company is non-standardized,advertising is non-standard and risk control is not standardized and have hidden dangers of illegal fund-raising.The third part is to sum up the problems existing in China's private lending intermediary service institutions,and clarify the necessity of legal regulation and government regulation.Secondly,the analys is of the legal regulation of private lending agency and the problems of government regulation.At the same time,I analyzed the “Negative listing” method that is taken in theInterim Measures for the Administration of the Business Activities of Online Lending Information Intermediary Institutions(hereinafter referred to as “Interim Measures”)to regulate Online Lending Information Agency(P2P),gave suggestions about applying this supervision mode for supervision of private lending information intermediary platforms by listing the prohibited acts for all private lending information intermediary platforms both online and offline.At last,it is concluded that the government should regulate the private lending intermediary service institutions,but it should also encourage the development of informal lending intermediary service structure,transparency and standardization.