Research On The Legal Problems Of Regulation For China's Consumer Finance Company

Since the pilot of the consumer finance company,it has played a significant role in stimulating economic growth,improving the financial system construction,promoting residents' consumption and improving the living standards of the residents,and has shown the advantages and growth as a new form of financial.People's Bank of China data show that the next five years,consumer credit(including mortgage)in line with the overall growth rate is about 21%,by 2019 the overall size will grow 41 trillion yuan.As of April2107,the CBRC has approved the opening of the consumer finance companies up to 17,and can be in the national layout,it is expected that the future number of consumer finance companies will continue to increase,the business will be explosive growth.However,the regulatory system is always behind the market innovation,from a historical point of view,behind each financial crisis are hidden in the absence of regulatory system."If a system is not criticized,it can not be improved,and if anything goes wrong,it will never be possible," said Bentham.Consumer finance companies after eight years of accumulated experience,we also found that consumer finance companies in the actual operation and operation of the existence of many risks and legal issues: First,consumer finance companies and customers because of the information asymmetry between the face of credit risk,Secondly,there are various legal problems in the China's consumer finance companies,such as high market access standards,insufficient sources of funds,narrow scope of business,and so on.Moreover,there are various legal problems in the operation of consumer finance companies in China.,Consumer finance company's supporting legal environment also need to improve,such as consumer finance company regulatory norms are not yet specific,consumer finance companies and customers between the rights and obligations of the configuration has to be refined.The research of this paper has certain theoretical and practical significance.Due to its own characteristics,regulatory difficulty and immaturity of the operating model and other reasons,consumer finance companies are often exposed to high risk.I empirical analysis of the case,found that consumer finance company business lack of innovation and the riskof fraud,operational risk and fraud risk.Theoretical research,domestic scholars do not study,the existing research direction only stay in the country,but also the lack of research system and integrity.In this regard,the author based on the domestic,research and analysis of foreign successful experience.Theoretical research,the use of historical analysis of consumer finance company's emergence and development process of a dynamic study to clarify the consumer finance and development of the path dependence,combing the emergence and development of consumer finance company context.In the aspect of supervision system,the comparative analysis method is used to study the development of domestic consumer finance companies and the differences between domestic and foreign scholars on the cognition of consumer finance companies.Comparative study,for our country in practice how to selectively absorb and learn to provide a basis for discrimination.Using empirical analysis,empirical analysis of the development of consumer finance and financial companies,sort out several important risk points.The research content of the thesis includes the introduction and the four main parts,and there is a strong logic between the parts in terms of the analysis framework.The first chapter discusses the background of the topic,the research summary and the research method,highlights the problem consciousness.This chapter combs the domestic and foreign research status of domestic consumer finance company,and points out that the current research theory of consumer finance company still lags behind the explanation,accumulation and stitching,lack of systematic and holistic research.It is necessary to abandon the fragmented financial system changes,accurate pulse problem behind the logical relationship and the "context." The second chapter is the general theory of consumer finance company,mainly discusses the connotation and extension of consumer finance company,clarify several more confusing concepts.In order to understand the business of consumer finance company,it distinguishes the credit card business,personal loan business and microfinance business of consumer finance company and commercial bank in particular.Finally,from different angles to try to explain the consumer's consumer credit needs of the theoretical basis,summed up a few theories and theories to explore the essential conditions of consumer loans demand: the desire to buy desire and purchasingpower.Lay the theoretical foundation for the whole article.The third chapter is the current situation of the supervision of consumer finance companies.The author analyzes the present situation and the dilemma faced by the consumer finance company in our country,and studies and analyzes the legal policy and legal choice of our country.Focusing on the operation of the entire consumer finance industry,business model,the development of difficulties,summed up China's consumer finance companies face the risk factors.On the other hand,from the supervision of our legal system,through the comparison of different periods of different regulatory systems,sort out the changes,so as to prepare for the improvement of the regulation.The fourth chapter induction the experience of consumer finance company in the developed countrys.such as United States,Japan and Germany,and summarizes its experience.Chapter 5 puts forward the consummation suggestion of the supervisory system of the consumer finance company.Mainly including the concept of supervision,unified legislation,credit system,consumer rights and so on.Not only to strengthen the self-regulation of consumer finance companies,but also to attach importance to the government,industry associations,external constraints.