Study On The Law Of Private Lending In China

With the development of our countryundefineds economy from high-speed growth to high-quality growth,the society demands more and more funds,and the way is more and more flexible.To a certain extent,non-governmental lending is a very timely supplement to our countryundefineds private finance,and it is also to meet the needs of our countryundefineds current economic development,whether it is the owners of small and medium-sized micro-enterprises or the ordinary people.Sometimes private lending is urgently needed,but the behavior of private lending in our country is unregulated for a long time,even can be said to be a state of disorderly development,exposing many social contradictions,because of its illegal status quo.In addition,the inherent malaise of folk lending and long-term marginal status have brought a huge impact on the stability of our financial market.Non-governmental lending is currently the country vigorously promote inclusive finance supplement.And the non-governmental lending can alleviate the social financing difficulty,the pressure of financing expensive.At present,the main outstanding problem of social non-governmental lending is "large bad debt and high interest",which is mainly determined by the essential characteristics of folk lending.In order to make private lending become an important supplement to the financing of the majority of small and medium-sized micro-enterprise owners,we must perfect the legal issues of private lending,especially the supervision of private lending,and perfect the health and sustainability of the law for private lending.Rapid development and escort.On the basis of folk lending and supervision of private lending,this paper analyzes Chinaundefineds private lending,the status quo of folk lending supervision,typical analysis of the dual regulatory subjects in the United States,the combination of Japanese government financial regulatory institutions and self-regulatory organizations,the regulatory system of Japanese government financial regulators and self-regulatory organizations.The status quo of non-governmental lending system in Hong Kong of our country,mainly introduces the concept,characteristic,function and so on of our country folk lending.In order to contribute to the research on the legal problems of private lending in China,this paper puts forward the countermeasures and suggestions of the legal system of folk lending in accordance with the current development of our country,including the main body,the content and the system of supervision.The first part is based on the elaboration of the theoretical basis of folk lending,first defines the concept and characteristics of folk lending;secondly,the role of private lending;It mainly expounds the positive and negative effects of private lending,and finally shows that it is necessary to actively promote the positive role of private lending and weaken the negative role of private lending.The second part expounds the current situation and deficiency of the legal system of folk lending in our country.From the point of view of the current law and judicial interpretation of private lending in our country,it points out that there are few,simple and unsystematic guiding laws in the present law.The third part is to analyze the main body,content and system of the supervision of private lending in America,Japan and Hong Kong,and to draw lessons from the problems of the law of private lending in our country.The fourth part is to perfect our country folk lending law question countermeasure and the suggestion.We should formulate and perfect reasonable laws and regulations on private lending,perfect the management system of private lending interest rate,strengthen the construction of social credit system,establish the supervision system of folk lending,and strengthen the self-regulation of private lending and borrowing.Strengthen the criminal legal supervision of private lending,strengthen the supervision of the judicial organs of private lending.