个人放贷法律规制研究——《放贷人条例》草案的完善法律专业论文.docx

1 1 2 2 Abstract In the development of the socialist market economy, personal loan is playing a significant part, especially in the financing of medium-sized and small enterprises, but this is still underground finance without government’s permission. However, the increasing demand of general public has drawn national attention and makes the legalization of personal loan an irresistible trend. The widely known Wu Ying case enormously promotes the progress of illegality of personal loan. After Wu Ying case, the State Council took Wenzhou city as a pilot of the experimental zone for comprehensive financial reform to legalize personal loan step by step. What’s more exciting is that the draft of Moneylenders Ordinance has been submitted to the State Council Legislative Affairs Office. If passed, personal loan will greatly ?promote the development and prosperity of social market economy. It’s inevitable to meet many problems and obstacles on the road to legalization of personal loan, which deserve the concern of legislators. Based the draft of Moneylenders Ordinance, the author of this athesis discusses the problems and obstacles , analyzes the advantages and disadvantages as well. In addition, some suggestions are given by referring to the experience of the personal loan in Chinas Hong Kong and other countries. This thesis includes five parts. In the first part, the definition and features of personal loan are introduced, which make us truly understand its connotation and denotation. In the second part, the author analyzes the current situation of personal loan and shed light on its survival prospects. In the third part, the author asserts that the legalization of personal loan in our country is an inevitable trend. By analyzing the advantages and disadvantages of its legalization, we can obtain that the legalization of personal loan will bring more good than bad. In the forth part, the experience abroad about legislation of personal loan is explained.In this part, from