The Legal Regulation And Research Of The Fall Of Rotating Savings And Credit Association

First of all,the first chapter makes an introduction the operation of the standard mechanism and to the relevant concepts of the fall of Rotating Savings and Credit Association(hereinafter as “ROSCA”).Through the study of the fall of ROSCA,the author will be summed up the connotation of the fall of ROSCA and the characteristics of the system of ROSCA,the operation and exit mechanism of ROSCA.And on the basis of above study,the author analysis of the status of the fall of ROSCA,concluding that local government would focus on the governance of the subsequent claims Debt handling,however,preventing the fall of the regulatory measures are not seen.Secondly,the second chapter of this article will be in-depth study of the reasons for the fall of ROSCA.The author analyzes the reasons of the fall of the ROSCA is mainly two aspects,namely,the alienation of the the ROSCA's operation and the lack of supervision of the ROSCA.Among them,the alienation of the ROSCA operation is four aspects,respectively,the change of the motive of the ROSCA,the change of the subject of the ROSCA,the expansion of the number of participants and the shortening of the frequency of the congress.And the lack of supervision is manifested as the lack of supervision and regulation of the main body and regulatory rules.To the rules of the supervision of the ROSCA,the existing problems of the the ROSCA in China are lacking of the special laws,on the other hand for the the ROSCA very few existing norms are more focused on criminal regulation,the ROSCA for civil and commercial rules are almost in a blank.Although China's "People's Republic of China Banking Supervision and Management Law" woul be the supervision of illegal financial power to the CBRC,but because the the ROSCA is mainly distributed in rural areas,and most scattered,so the CBRC is difficult to implement effective supervision.Thirdly,the third chapter analyzes the differences and problems of the judicial remedy of the ROSCA in China by the empirical research on the case of the Chinese Judgements Online.The author thinks that the main difference between the civil judicial practice of our country's the fall of ROSCA is that the disagreement between the local courts on the legal status of the the ROSCA is the controversy over whether the the ROSCA is legal or not.And criminal justice practice for the identification of the fall of ROSCA will be more consistent,that is,they constitute the illegal fund-raising related charges.This chapter concludes with the dilemma of the judicial practice of the the ROSCA,which is the disagreement of the civil judicial practice caused by the the ROSCA.And the author put forward that ROSCA should be acknowledged its validity.Finally,the fourth chapter of this article first combs the customary law of our country for the regulation of the fall of ROSCA,mainly for the mediation process in ROSCA,the fall of ROSCA the debt of the borrowing and sanction measures of customary law in regulating the fall of ROSCA.Secondly,the fourth chapter of this article through the analysis of the creditor's rights and debts of the fall of ROSCA.It is suggested that the civil legal regulation of the fall of ROSCA of our country should be based on the practice of absorbing customary law.Finally,this chapter puts forward the criminal legal regulation for the fall of ROSCA caused by the alienation of the ROSCA.