Research On The Prevention And Control Of Civil Financial Legal Risk

Private finance is of great significance to China’s financial system.Because it has been in the gray area of financial supervision for a long time,its development has a deep practical foundation and a loose regulatory environment.In recent years,China’s non-governmental financial sector has been constantly innovating and developing rapidly.It has played a positive role in economic and social development and also brought a series of risks,which is not conducive to the stability of China’s financial order.The occurrence of business owners,debtors running roads,and building jumps due to the break of the capital chain caused by the participation of private finance reflects the characteristics of the huge amount of funds involved in China’s private finance and the extremely high hidden risks.Issues such as insufficient private financial risks,inadequate government supervision of private finance,and the non-reasonable status of private finance in the entire financial system have affected the stability of the financial environmentIn view of the current huge role played by private finance in China’s economic and social development and the current lack of control of private financial risks by our laws,this article combines the content of questionnaires and interviews with experts on private financial risks to study the prevention and control of private financial legal risks.The first part is the basic theory of private finance.This part clarifies the concept of private finance and analyzes the necessity of private finance.Private finance is a concept corresponding to formal finance.This article analyzes the characteristics of the establishment and supervision of formal finance in China at present,and reverses the concept of private finance on the basis of formal finance,that is,other than financial institutions approved by law Between natural persons,enterprises and other economic entities,the value transfer of monetary funds as the target and the financing behavior of principal and interest payment.The continuous economic development is affected by the dual economic structure.The rural areas have a large demand for funds,small and medium-sized enterprises have difficulty in financing,the formal financial sector has a high loan threshold,and private capital market supply and demand are strong.These factors are the existence of private finance.necessity.The second part analyzes the operation and risks of private finance.Analyze the operating mechanism and risks of China’s typical private financial forms,including private lending in the narrow sense,unions,private banks,and P2P lending.Afterwards,it analyzed the reasons for the formation of private financial risks from five aspects,including the lag of laws,the lack of state supervision of private finance,the unsound private financial guarantee system,the emergence of the private financial Internet model,and the emergence of the public’s high profit-seeking consciousness.usuryThe third part sorts out the status of legal prevention and control of private financial risks and points out the existing problems.Analyzed the current status of China’s prevention and control of private financial risks from three levels:legislative,judicial and administrative supervision.Then it analyzes the problems in the process of legal prevention and control of private financial risks in China,that is,the legal and illegal boundaries of private financial are unclear,the level of relevant legal systems is low,the coordination between the systems is poor,the private financial supervisors are absent,and the supervisory responsibilities are unclear And other issues.The fourth part is the enlightenment of extra-territorial private financial risk management.They list the practices of three countries in preventing and controlling private financial risks,namely,cooperative financial organizations,community banks,and self-regulatory associations in the United States;credit unions,cooperative banks,and financial efficiency in Germany.Supervisory system;Japan’s legislation against"endless organizations".Afterwards,it was enlightened from the risk prevention and control practices of the three countries:to improve the basic laws of private finance,strengthen government supervision,and establish private financial self-regulation associations,which has important reference significance for the prevention and control of private financial risks in ChinaThe fifth part discusses the construction of the legal prevention and control mechanism of private financial risks in China.It proposes legal prevention and control of private financial risks from five aspects:legislation,supervision,market access,the establishment of a credit guarantee system,and the establishment of private financial self-regulatory organizations.