Research On The Civil Law Regulation Of Private Lending In China

With the development of China's economy,a large number of enterprises have sprung up.At the same time,the number of private idle capital in society is also increasing.The demand of enterprise financing and the demand of capital owners for profit have jointly led to the prosperity of the private lending market.But behind the prosperity are risks and hidden dangers.In the process of the continuous development of the private lending market,its negative side is also gradually exposed.In order to reduce these negative effects and maintain financial order,China has regulated private lending through a series of legal means,the most important of which is civil law regulation.But unfortunately,the current regulatory system is not perfect,and there are still many problems in the ideas and methods of regulation,and there is still much room for improvement.Based on the civil law regulation of private lending,this paper explores the existing problems in the civil law regulation of private lending activities in China,and refers to the corresponding experience abroad,with a view to improving the civil law regulation of private lending in China and promoting the healthy development of the private lending industry.The text is divided into four parts:The first part is an overview of the basic theory of private lending.Firstly,it elaborates the concept of private lending;secondly,it analyses the legal characteristics of private lending,mainly from the four aspects of subject scope,object,contract form and behavior mode;finally,it analyses the necessity of civil law regulation of private lending,which lays the foundation for the discussion of the existing problems of civil law regulation of private lending later in this article.This paper analyses the necessity of civil law regulation of private lending from three levels.Firstly,folk lending has been tenacious since ancient times,so we should recognize the inevitability of the existence of folk lending;secondly,because folk lending itself has the characteristics of concealment and arbitrariness,we should also recognize the problems it easily causes;finally,through the analysis of the inevitability and risk of the existence of folk lending,we can conclude the regulation intention of civil law of regulating our country's folk lending.Righteousness.The second part is the analysis of the current situation and existing problems of civil law regulation of non-governmental lending in China.This part first summarizes the provisions of civil law on private lending,especially the latest judicial interpretation of private lending,which is of great significance to the regulation of civil law on private lending,and makes more comprehensive provisions on various issues of private lending from nearly ten perspectives.Although China's current laws and judicial interpretations have made basic provisions on the civil law regulation of private lending,due to the complexity of private lending,there are still a series of shortcomings in the current civil law regulation of private lending,including the restriction of the interest rate of private lending,the confirmation of the principal and interest of private lending,the guarantee of private lending,the demarcation between private lending and illegal fund-raising,and so on.The third part is the extraterritorial investigation of the civil law regulation of non-governmental lending.Introduce the foreign practice and beneficial enlightenment of civil law regulation of non-governmental lending.This part studies the practice of civil law regulation on private lending in the United States,Germany,Japan and Hong Kong,and summarizes the foreign countries and countries from four aspects: confirming the legitimate status of private lending legislation,classifying different types of lending and setting interest rate caps,completing the private lending guarantee system,and adopting strict auditing system for deposit absorption.The experience and beneficial enlightenment of the legal regulation of private lending in Hong Kong.The fourth part is the suggestion for perfecting the civil law of non-governmental lending in China.This part puts forward concrete suggestions on the limitations of the interest rate of private lending,the determination of the principal and interest of private lending,the guarantee of private lending,the demarcation between private lending and illegal fund-raising,and puts forward the implementation of the classification regulation of the upper limit of the interest rate of private lending,the improvement of the identification of evidence of private lending,the standardization of the form and content of guarantee contracts in private lending,and the strict distinction between the private sector.Border between the crime of borrowing and illegal fund-raising.