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Marxist Legal Research On Private Lending

Posted on:2019-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:M GaoFull Text:PDF
GTID:2436330545450005Subject:Basic principles of Marxism
Abstract/Summary:PDF Full Text Request
Private lending has been a very important financing channel since ancient times in many countries and regions.Since the reform and opening up,with the rapid economic and social development in our country,private lending has been expanding both in terms of scale and impact.However.At the same time,the risks are also increasing.Many economic and social problems have emerged,and the trend of surge has been more and more obvious in recent years.The positive and negative effects of Chinese private lending are all manifesting the conclusion that we must include private lending in legal supervision.In this regard,this paper takes private lending as the research object.We comprehensively using multidisciplinary knowledge under the guidance of Marxist macroscopic methodology.We use the literature research,normative analysis and historical analysis and other specific research methods.We explore Chinese private lending issues from the perspective of Marxist jurisprudence.In the first part of the paper,we summarize the situation of China's private lending.This paper clarifies the concept of private lending from both connotation and denotation.On this basis,a clear distinction should be drawn between the concepts of private lending and usurious loans,illegal fund-raising,and illegal absorption of public deposits.Moreover,the theory of folk lending involved in Marxist jurisprudence are used as the basic theory to analyze problems of private lending in our country,in order to provide a Marxist perspective for research on private lending..In the second part of the paper,we analyze the necessity of legal supervision of China's private lending.From the realistic and theoretical level,it analyzes the reasons why private lending should be regulated by law.This is not only the inevitability and potential risk of Chinese private lending,but also the result of the legalization and standardization of private borrowing.In the third part of the paper,we consider the perfection of the legal supervision system of private lending in our country.From theory and reality,we reveal the problems that arise in the legal supervision of China's private lending,and mainly summarizes the problems such as the inadequate supply of the legal system,the lack of scientific laws,the unclear definition of relevant laws,the absence of legal supervision and the dislocation.In the fourth part of the paper,we think about the perfection of the legal supervision system of private lending in our country.In view of the problems that arise in our country's legal regulation of private lending,We must follow the principles of systematization,integrity and comprehensiveness of Marxism.From the three aspects of the guiding ideology at the macro level——establish the legitimacy of private lending,protect the diversity of private lending,and maintain the informality of private lending,the basic principles at the meso level ——moderation principle,principle of development control,principle of balance between efficiency and security,and the concrete measures at the micro level——improve the legislative work of China's private lending supervision and improve the scientific nature of private lending laws,we put forward countermeasures of improving the legal supervision of China's private lending,in order to help private lending benign,orderly and healthy operate and develop.
Keywords/Search Tags:private lending, Marxist law, legal supervision
PDF Full Text Request
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