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The Legal Analysis Of The Typification Of The He-hui Contract From The Perspective Of The GSP

Posted on:2019-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhangFull Text:PDF
GTID:2416330545955435Subject:Civil and Commercial Law
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Inclusive Finance has become the mainstream trend of current financial development,which aims to serve the vulnerable groups and share the financial welfare.Although China's banking financial institutions are everywhere,the financing channels are diverse,but the high threshold of loan and complex formalities have become a significant feature.Commercial banks take profit as the purpose,while policy banks are guided by the national economic policy.Although internet finance is popular,because of the lack of professional knowledge,vulnerable groups are hard to benefit.Private finance still plays an important role in meeting the financial needs and the allocation of financial resources.The He-hui is a traditional folk financial mutual aid organization,with a long history and wide distribution.Its rational allocation of idle funds provides a convenient and efficient financing channel for the public,effectively making up for the shortage of formal finance and stimulating the active development of social economy.With the development of economy,the fixed group circle has been broken,the mobility of personnel has been strengthened gradually,the number of participants has been expanded,the original trust mechanism has been unable to maintain the operation.Due to the lack of legal norms and the absence of financial regulation,it is easy to break through the legal boundaries and become an illegal financial organization activity.In order to revitalize the association in the new situation,play a role of financial integration in a stable and orderly way,and benefit small and medium enterprises and ordinary people,it is necessary to incorporate the contract into the legal track and stimulate the active development of the market economy.The typicalization of the contract not only provides legalization experience for other forms of private finance,but also helps to improve financial structure,and build a resource allocation mode with universal benefits.This article is divided into five parts,the first part of the article is the summary of the He-hui.It includes the origin,classification,the operation mechanism and the history evolution.The second part demonstrates the necessity of the contract's typicalization from aspects of the external environment and the reconstruction of financial order.Analysis of the present situation and challenges of the legal system from the perspective of legal provisions and judicial practice.The third part is the study of the legal system of the He-hui.Based on the actual operation of different periods and regional legal system in mainland China,build a detailed legal system.Combined with the internal and external development domain history,comparative analysis of typical experience,understand the atypical contract to the general path of a typical contract change,and explore path of contract of our own.The fourth part introduces the concept of inclusive financial supervision.Through differentiated regulation and appropriate supervision,disadvantaged groups can participate in financial activities fairly,share financial benefits fairly,and maximize the utility of contracts.The fifth part is the perfection of the legal system.we should pay more attention to the effectiveness of customary law and promote the transition from customary law to statute law.When statute law lags behind social development,judicial cases can be filled in legal gaps.Through the interaction of the system of law,customary law and judicial precedent,it can prevent the social risk caused by legal loopholes.
Keywords/Search Tags:He-hui, contract typicality, civil financial, legal system
PDF Full Text Request
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