Research On The Legal Issues Of For-profit Private Lending

China is in the critical period of economic system reform and rule of law construction.As an important way of private financing,private lending activities can meet the diverse financing needs of the society.At present,China's private lending activities have shown a trend of profit,the deepening of its research is the demand for the high-quality development of China's market economy,but also to improve the legal system of private lending needs.This paper is divided into four chapters,a total of more than 30,000 words.The first chapter analyzes the independence of for-profit private lending,and holds that the main body of for-profit private lending should operate with a certificate,and its lending purpose is to make profits,and it does not absorb public deposits.Individual industrial and commercial households engaged in lending,profit-seeking legal persons engaged in lending business,and non-legal organizations specialized in lending business are the extension forms of for-profit private lending.For-profit private lending is different from general private lending in terms of its commercial nature,main body and capital source.Its independence is conducive to bring into play the benefits of private capital,maintain the order of lending market and guarantee financial security.Chapter two analyzes the three prominent problems of for-profit private lending independence.At present,the subject of for-profit private lending in China is diversified and lacks legal status.Therefore,the subject of for-profit private lending should be confirmed and the subject of qualified lending should be endowed with legal status.At the same time,it is necessary to clarify the legal way of the source of for-profit private lending funds.The interest rate setting of for-profit private lending should not be too rigid,but should be limited,and the interest rate ceiling should be set.Chapter three makes a comparative study of relevant laws and regulations from the aspects of subject access system,loan fund source and interest rate regulation.Finally,the fourth chapter puts forward the idea of legislation regulation of for-profit private lending,and thinks that China should legislate private lending separately.By formulating the negative list of qualified subjects,setting the minimum standard of registered capital,stipulating the establishment procedures,clarifying the competent institutions and setting the term of validity of operating and lending business license,the admittance rules for the qualification of for-profit private lending subjects are established.Legitimate sources of lending funds for for-profit private lending include lending with their own funds and lending with financing,and it is strictly prohibited to lend with public deposits.China should set profit-making private lending interest rate in a differentiated way and allow regional differences in the upper limit of the highest interest rate.