非法集资的规制体系建构

非法集资犯罪活动近年来越演越烈,大案要案频发,带来一系列的危害后果。且非法集资与合法的民间借贷之间界限模糊,非法集资就像是悬在民间借贷头顶上的“达摩克利斯之剑”,实践中容易出现非法集资的错误认定,因此,划清非法集资与民间借贷之间的界限就显得尤为必要,应对二者作出正确的定性,根据非法集资的成因分析,采取有效规制措施遏制非法集资,促进民间借贷的健康发展。     

P2P网贷与债权众筹等同论之批判

P2P网贷与债权众筹等同论将其所谓的债权众筹与《JOBS法案》中的债权众筹相等同的做法，犯了混淆了其所谓的债权众筹与《JOBS法案》中债权众筹的概念的逻辑错误，误导了我国监管者介入P2P网贷的时机和策略，扭曲了P2P网贷风控制度供给与风险防范需求，引发了被监管者在《证券法》中的身份界定难题。《JOBS法案》中关于债权众筹的监管规则对我国P2P网贷来说不具有可移植性，证券监管体制也不适合我国P2P网贷的监管。为了避免等同论继续起不良作用，应抛弃该理论。     

试论贷款诈骗罪

为维护国家正常的金融秩序,打击金融业务犯罪活动熏修改后的刑法设立了“贷款诈骗罪”。由于贷款诈骗罪是一个新罪名,司法实践中“贷款诈骗”本身一些关键性问题,众说纷纭,仍无定论。本文就贷款诈骗罪的概念、犯罪构成、该罪与民事借贷纠纷的界限以及法人应成为贷款诈骗罪的主体进行了全面的论述,为进一步研究贷款诈骗罪进行了有益的理论探索。     

Predatory journals and meetings in forensic sciences: what every expert needs to know about this "parasitic" publishing model

The emergence of the Internet has transformed all areas of society. This includes the universe of scientific publications, with several publishers now exclusively focusing on the electronic format and open access model while expanding to a megajournal scope. In this context, the pandemic of predatory open access journals (POAJs) and meetings are of grave concern to the academic and research community. This new shift within academia produces a variety of new victims; namely, the authors themselves. In turn, scientific knowledge is often discredited, with the public placing less trust in science. Now more than ever, performing research with integrity and selecting a journal in which to publish requires close attention and expertise. The "predatory movement" has developed increasingly sophisticated techniques for misleading people into believing what seem to be credible professional layouts and legitimate invitations. Initiatives such as the Jeffrey Beall's list, the Cabell's Scholarly Analytics and Think.Check.Submit offer some guidance to uncover the "parasitic" intervention of predatory journals and meetings, but specific education in this field is sorely needed. This work aims to review the main characteristics of predatory journals and meetings and to analyze this topic in the context of forensic and legal medicine research.     

中小企业关系型贷款定价行为研究--以江苏省某国有银行县级支行为例

本文运用关系型贷款理论,以江苏省某国有银行县级支行为例,对基层地区中小企业贷款定价的影响因素进行了实证分析.主要结论有:第一,在地方信贷市场上,关系对贷款定价具有明显的影响,且关系越久,贷款利率越高;第二,企业的其他贷款行越多,贷款利率就越高;第三,企业年龄、资产规模、速动比率以及抵押方式等对贷款定价均存在一定影响.在垄断性信贷市场上,与银行关系长久的企业可能遭遇较高的贷款利率.应积极促进地方信贷市场上的银行业竞争,并将国有银行地方分支机构的信贷决策权下放,以更好地服务于地方中小企业.     

我国P2P平台准入制度的检讨与重构

目前,我国P2P平台准入制度尚存在准入方式不当、准入条件混乱和准入标准模糊等不足,导致P2P市场出现野蛮增长、良莠不齐、鱼目混珠的乱象。重构P2P平台准入制度,应遵循"理念--模式--制度"的路径,以"适度"为理念设置控制与激励双重标准,选择差异化准入监管模式,具化准入方式、条件和标准等实质性要件。     

Toward Developing a Structured Approach to the Diagnosis and Resolution of Nonperforming Loans: The Case of China and India1

This article addresses the issue of nonperforming loans (NPLs) from a public policy perspective. The focus is on three aspects of NPLs that we consider essential for a proper analysis: the degree of the NPL problem, the causes of NPLs and the solutions adopted to address an identified NPL issue. This research analyses the diverse definitions and measurements of an NPL. Further, it introduces the distinction between systemic and situational causes of NPLs. Arguing that different causes require different cures, this study emphasizes a mix of short‐term and long‐term remedial measures as judicious in dealing with the NPL problem. This framework is then applied to two case studies: China and India. The conclusion identifies future directions of research, such as the study of a threshold level beyond which NPLs may pose a barrier to a country's growth and productivity.     

Racial Dynamics of Subprime Mortgage Lending at the Peak

Subprime mortgage lending in the early 2000s was a leading cause of the Great Recession. From 2003 to 2006, subprime loans jumped from 7.6% of the mortgage market to 20.1%, with black and Latino borrowers receiving a disproportionate share. This article leveraged the Home Mortgage Disclosure Act data and multinomial regression to model home-purchase mortgage lending in 2006, the peak of the housing boom. The findings expose a complicated story of race and income. Consistent with previous research, blacks and Latinos were more likely and Asians less likely to receive subprime loans than whites were. Income was positively associated with receipt of subprime loans for minorities, whereas the opposite was true for whites. When expensive (jumbo) loans were excluded from the sample, regressions found an even stronger, positive association between income and subprime likelihood for minorities, supporting the theory that wealthier minorities were targeted for subprime loans when they could have qualified for prime loans. This finding also provides another example of an aspect of American life in which minorities are unable to leverage higher class position in the same way as whites are. Contrary to previous research, model estimates did not find that borrowers paid a penalty (in increased likelihood of subprime outcome) for buying homes in minority communities.     

Impacts of the Community Reinvestment Act on Neighborhood Change and Gentrification

The Community Reinvestment Act (CRA) encourages bank lending in low- and moderate-income areas. We use a regression discontinuity design that exploits the relative-income threshold that distinguishes CRA-eligible from ineligible neighborhoods (census tracts) and find little evidence that CRA has contributed to neighborhood changes associated with gentrification in eligible areas. Over the 1989–1999 period, we find that eligible tracts had greater increases in mean income relative to ineligible tracts, but we find little evidence that the CRA caused decreases in the proportion of long-term residents or increases in the proportion of White or college-educated residents.     

The Dark Side of the Lending Spree

正Supervision is badly needed to regulate China's burgeoning P2P lending industry from excessive exposure to risks By Zhou XiaoyanIn China,there are many cash-hungry small and micro businesses whose needs for financial services are often ignored by big banks.On the flip side,the country,whose people have a tradition of saving,is also full of savvy investors who are in dire need of an outlet for their spare cash.