The Research On Moneylenders' Legal Regulation

With the continuous development of social economy,the market situation is also constantly changing.In recent years,there have been financing difficulties in the development of small and medium-sized enterprises.With the increasing downward pressure on the economy and the corresponding tightening of bank lending policies,small and medium-sized enterprises always have financing needs in the process of development,and have no choice but to turn to the multi-level credit market for financial support.Due to the lack of supervision in the credit market outside the banking financial institutions and the mixed quality of lenders,the number of private lending disputes has soared in recent years.The accompanying problems such as illegal collection and broken capital chain have seriously affected the social order and the stability of the financial market.Under the background of strictly controlling the illegal lending of "professional lenders" in the judicial practice of our country,and by absorbing the mature experience of the construction of the system of foreign lenders,this paper tries to sum up some feasible suggestions on the legal regulation of lenders in our country.and take this as the starting point,put forward the solution to the illegal lending activities of lenders in practice.This paper intends to start from the following parts:The first part is the introduction,which mainly explains the research status of the lender system in China,briefly points out the difficulties caused by the lenders in practice,and there is an urgent need to improve the existing system to solve the problems.It also explains the main research methods of this paper.The second part is the exploration of the theoretical basis of the lender,first defines the concept and basic characteristics of the lender,divides all the subjects engaged in the lending business into three categories A,B and C,and then discusses the current situation of the development of the legal system of the lender.It is emphasized that it is the lack of the legal system of lenders that leads to many problems of category B and C lenders in practice.The third part expounds the influence of the insufficient supply of the lender system in our country,and points out that the development of the three types of lenders can meet the needs of the economic situation of our country,but because of the insufficient supply of the system,there are many problems in practice,such as difficult to protect rights and interests,difficult judicial adjudication,chaotic supervision and imperfect credit information system,which have had a serious impact on the construction and development of China's multi-level credit market.There is an urgent need to improve the existing system to regulate lenders in order to achieve the desired effectiveness of China's multi-level credit market.The fourth part is the enlightenment of the construction of the extraterritorial lender system,which makes reference to the institutional experience of Hong Kong,South Africa,Singapore and Japan,and fully studies the advantages and disadvantages of the system.It is expected to serve as a reference for the system construction of lenders in China.The fifth part is the innovation of this article,and it is also the key part of this article.The author thinks that we should start from the change of legislative concept,not only to ensure the good operation of category A lenders,but also to pay attention to the system construction of category B and C lenders.Legislators should make overall consideration through rigorous legislative activities to solve the main regulatory confusion of category B lenders,and at the same time pay attention to the regulation of qualified lenders among category C lenders and the strict exclusion of unqualified lenders from the credit market.through the national coercive force to ensure the standardized operation of China's multi-level credit market.Secondly,it puts forward some legislative suggestions on some key points in the construction of the legal system of lenders in the future.Only by making plans in advance from the top-level design,can we ensure that with the continuous change of the economic form,there will be no new forms of lenders to become a fish out of the net of the legal system of lenders,lending illegally and disturbing the order of the financial market.The sixth part is the conclusion,the author summarizes the core point of view of the full text,defines the tone and results of this study,and draws specific conclusions.