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Research On The Legal Protection Of Agricultural Electronic Commerce In China

Posted on:2019-09-03Degree:MasterType:Thesis
Country:ChinaCandidate:S J ZhaoFull Text:PDF
GTID:2416330572995850Subject:Marxist Jurisprudence
Abstract/Summary:PDF Full Text Request
As China's economic restructuring continues to deepen,the private lending market has gradually returned to life and vitality.While continuing to inject vitality into the private economy and revitalizing private funds,the adverse consequences of the absence of private lending market supervision and imperfect legal systems are also highlighted.In2015,the Supreme People's Court passed the "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases"(hereinafter referred to as the "Regulations").The promulgation of the "Regulations" has accelerated the process of the legalization of private lending in China.However,at present,China does not have a unified,specialized law that regulates private lending at the national level.Laws and regulations involving private lending are scattered in the Constitution,Civil Law,Criminal Law,Property Law,Company Law,Contract Law,and Commercial Bank Law,as well as some judicial interpretations and administrative regulations.There are problems with the conflict between relevant regulations in these legal norms,which will bring about many problems in practical application.In addition,the lack of systematization is a major issue in China's private financial legal field.If these problems cannot be solved well,they will not be able to bring into full play the proper role of private lending.They will even affect the development of our country's economy.In the long run,it will also be detrimental to the long-term stability of the country.Studying private lending under the perspective of law is a response to the hot issues in reality and an inevitable requirement for progress in financial legal system.The author takes this as an entry point and takes an in-depth study of the issue of private lending through the introduction of judicial interpretations.This article is mainly divided into six major parts.The first part is the introduction of this article.It elaborates the background and significance of this article in the introduction,and summarizes the current legal status of private lending in China.clarifies the main content of the article research and the main research methods adopted,and carries out innovations and deficiencies in theresearch of this article.Explained.The second part is the basic theory of private lending,introducing the meaning of private lending,summing up the definition of private lending discussed in this paper,introducing the characteristics of private lending,and sorting out the development of private lending.The third part summarizes the centralized characteristics of China's private lending legal system through comprehensive analysis,and studies the predicament of China's private lending in the sight of law.There are mainly three aspects.First,there is a conflict between the legal norms of private lending,and the second is that The third issue is the issue of private lending supervision.The fourth part sets out from the legal system of foreign private lending,combining the current legislative status of foreign lending,and draws on the useful experience.The fifth part mainly on the basis of the previous several studies,combined with China's current national conditions,focusing on the difficulties presented in the third chapter,put forward suggestions for improving China's private lending legal system.The sixth part summarizes the difficulties and improvement suggestions discussed in the full text and draws conclusions.
Keywords/Search Tags:private lending, legal subject, legal liability, legal supervision
PDF Full Text Request
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