日本非法民间金融防范的法律分析

Legal Analyses on Prevention of Traditional Private Lending in Japan

我国目前存在民间金融严重不规范的现象,学界、实务界均在热议目前面临的问题及解决对策。本文从比较法视角出发,考察日本民间金融的方式以及非法融资。主要对非法融资出现的缘由、日本采取的措施进行探讨,并总结从中所获的启示。本文介绍了日本非法性民间金融中的消费金融公司、地下钱庄的高利贷现象,因法律修改不当导致反作用,进而衍生出的新的、不规范的非法性民间金融的现象。虽然两国国情大不同,但希望借此引发更多思考,共同探讨完善对策。

The cases of illegal private lending were happened more and more in recent years. The scholars and peoples who conduct professional practice discuss these problems fiercely. They are trying to find out the way to solve the problem. From the view of law comparison, this essay would like to investigate the type of the private lending in Japan and the illegal activities in finance market. This paper discusses the reason of illegal finance service, and how the government of Japan control the finance activities well. After that, the paper will try to find out the rules and measures about private lending. It would be a very nice chance to think more about private lending though Japan and China are totally different countries.