As a common economic phenomenon, private lending plays an important role in China's economic development. However, due to the complexity and diversity of private lending, there are differences between its legal norms, law enforcement, justice, scholars, and the legal thinking of the public. This article will compare these five aspects.
1. Legislation. In terms of legislation, China's legal norms for private lending are relatively scattered and lack systematization and integrity. Although the Contract Law, the Property Law and other laws deal with private lending, there is a lack of specific laws to regulate them. Therefore, in terms of legislation, it is necessary to further improve the legal system of private lending, clarify its legal status and the relationship between rights and obligations, and provide clearer guidance for law enforcement and justice.
2. Law enforcement. In terms of law enforcement, due to the complexity and diversity of private lending, it is difficult for law enforcement agencies to supervise private lending. At present, China's supervision of private lending mainly relies on the self-discipline supervision of financial institutions and the supervision of local governments. However, due to the lack of specialized regulatory bodies and regulatory regimes, the regulatory effect is not ideal. Therefore, it is necessary to strengthen law enforcement, establish special regulatory agencies and regulatory systems, and carry out comprehensive and effective supervision of private lending.
3. Justice. In terms of justice, due to the complexity and diversity of private lending, it is difficult for the judicial authorities to adjudicate private lending. At present, the adjudication of private lending in China mainly relies on the provisions of the Contract Law, the Property Law and other laws. However, due to the lack of specialized adjudication bodies and adjudication systems, the results of the trials were not satisfactory. Therefore, it is necessary to strengthen the judicial force, establish special adjudication institutions and adjudication systems, and conduct comprehensive and effective trials on private lending.
4. Scholars. On the scholar side, research on private lending is mainly focused on the field of law. Scholars have studied the legal relationship and the relationship between rights and obligations of private lending to provide theoretical support for legislation, law enforcement and justice. However, due to the different research perspectives and research methods of scholars, there are differences in their research results. Therefore, it is necessary to strengthen academic exchanges and research cooperation to promote the in-depth development of private lending research.
5. The people. On the part of the public, the perception and understanding of private lending mainly comes from practical experience and traditional concepts. People often think that private lending is a convenient and fast way to raise funds, which can solve some urgent capital needs. However, due to the lack of legal awareness and understanding of private lending, people are often prone to fall into the trap of illegal fundraising, usury and other illegal activities. Therefore, it is necessary to strengthen legal publicity and education to improve people's legal awareness and legal literacy.
To sum up, there are differences between the legislation, law enforcement, judiciary, scholars and the public in private lending. In order to promote the healthy development of private lending, it is necessary to strengthen the work of legislation, law enforcement, justice, academic research, and legal publicity and education. At the same time, it is also necessary to strengthen cooperation and exchanges in all aspects to jointly promote the standardization and healthy development of private lending.