Research On Legal Risks Of Non-governmental Loan Contracts

Since the reform and opening up,China's market economy has become increasingly prosperous,the real economy has developed rapidly,and the demand for funds from various market players has increased.As a reasonable supplement to formal finance,private lending is becoming more and more active,expanding in scale and innovating in form because of its simple procedures and rapid lending.At the same time,the resulting civil and criminal disputes are becoming more and more complex and complex.This is a test of the judge's ability,and it is also a challenge to adjust the laws and regulations of private lending.In order to unify the criteria of judgment and better hear disputes over private lending contracts,on September 1,2015,China began to implement the Provisions on Several Questions Concerning the Application of Law in the Trial of Private Lending Cases promulgated by the Supreme People's Court.The Provisions provide guidance for many emerging problems in private lending cases from various aspects and perspectives.However,in recent years,private lending has spawned a large number of new forms.Naked loans,student loans,online loans,P2P platforms,and loan-for-app applications have emerged in the public's field of vision.There are many crimes involving criminal offences.This article focuses on the implementation of the "Supreme People's Court on the trial of a number of issues in the application of private lending cases",the development trend of China's private lending contract disputes and the characteristics of private lending contracts,the use of questions-analysis of problems-to solve problems The model examines the legal risks that may arise in private lending contracts.Relying on the financing propensity,profit-making tendency and professional orientation of private lending contracts at this stage,we understand the difference between the purpose and mentality of borrowers and lenders in the contract in private lending contracts,that is,to solve the difficulties of life production to profit-making thinking.The change will be a more comprehensive analysis of the legal risks of private lending contracts to be faced at this stage.After clarifying the history,current situation and characteristics of private lending disputes,the first is to analyze and study the legal risks derived from natural persons,non-financial institutions and microfinance companies under the influence of their own special factors;the second is to study and analyze the legal risks of contract invalidity in private lending contracts;the third is to study and analyze the legal risks of contract invalidity in private lending contracts;and the third is to study and analyze the legal risks of contract invalidity in private lending contracts.The legal risks that may arise from guaranteeing a contract for sale in China are analyzed and studied.Through the analysis,the ultimate purpose is to provide ideas for legislation and trial,to analyze the legal risks,to put forward legislative proposals,regulatory proposals,social guidance proposals and judicial law enforcement proposals,to provide guidance for maintaining the interests of both borrowers and lenders under the new situation,and to provide ideas for legislation.