Abstract: With the development of China’s society and economy, private capital has been rapidly accumulated; its amount has reached a level sufficient enough to affect national economic development. The use of private capital in the future will have a direct impact on China’s economic development process. However, in recent years, because of the absence of private capital guidance, a large number of private capital has played a “spoiler” and “victim” role, and brought great harm to China’s social and economic development. Based on this, during the special period of China’s economic transformation and upgrading, the guidance of private capital must be strengthened. Laws should be firstly formulated to guide private capital, which not only has already the necessity and legitimacy, but also has the actual feasibility, and its implementation path has gradually become clear.

Key words: usurious loan; private capital; private financing; legal regulation