民间借贷法律监管问题研究
发布时间：2018-07-22 20:52
【摘要】：民间借贷在某种程度上是对我国正规金融的一个极大补充,对于许多中小企业来说,是一个很好的解决融资问题的方式,促进了我国社会经济的发展。但是我国对民间借贷行为长期进行的是高压管制政策,暴露出来许多弊端,比如监管主体多头、监管对象规定混乱、利率规定不合理等,这对我国民间借贷自由发挥功能产生了极大的阻力,甚至使得许多行为都处于非法的状态,极容易产生金融危害。针对我国目前实行的民间借贷法律监管制度,本文运用了规范分析法和比较分析法等进行研究,先对与本文相关民间借贷及其法律监管的概念进行界定,分析民间借贷的监管形态及必要性。然后从我国民间借贷法律监管的相关规定及法律制度的发展,分析目前我国民间借贷法律监管的现状,解析他们存在的问题。介绍几个国家以及台湾地区在这方面的做法,从而为我国在这方面的法律制度完善提供思路。本文共分为四个部分:第一部分,从理论入手,界定了民间借贷的法律内涵,概括了民间借贷的主要形式。分析民间借贷法律监管的概念,介绍了民间借贷法律监管的形态。第二部分,从我国民间借贷法律监管的相关规定及法律制度的发展现状入手,具体深入地分析我国在这方面的做法及存在的问题。第三部分,概括介绍了美国、日本、印度和我国台湾地区在民间借贷法律监管方面的具体做法和丰富经验,以期为我国民间借贷法律监管的进一步完善提供借鉴和启发。第四部分,提出了完善我国民间借贷监管体制的几项对策:明确民间借贷监管的原则,建立全方位的监管体系、设立行业准入制度、完善关于借贷利率的相关规定及民间借贷备案登记制度。
[Abstract]:To some extent, private lending is a great supplement to the formal finance in China. For many small and medium-sized enterprises, it is a good way to solve the financing problems and promote the development of our country's social economy. However, our country has long carried on the high pressure control policy to the private lending behavior, which has exposed many disadvantages, such as supervision. The subject is multiple, the regulatory object is confusing and the interest rate is not reasonable. This has caused great resistance to the function of the freedom of private lending in our country, even makes many behavior in the state of illicit, and it is very easy to produce financial harm. In the study of comparative analysis, we first define the concept of the related folk lending and its legal supervision, analyze the supervision form and necessity of private lending, and then analyze the present situation of the legal supervision of private lending in our country and analyze their existence from the relevant regulations of the legal supervision and the development of the legal system in our country. This paper is divided into four parts: the first part, from the theory, it defines the legal connotation of private lending, summarizes the main forms of private lending, and analyzes the concept of legal supervision of private lending. This paper introduces the form of legal supervision of private lending. The second part, starting with the relevant regulations of the legal supervision and the development of the legal system in our country, analyzes the practice and the existing problems in this respect in detail and deeply. The third part introduces the law of private lending in the United States, Japan, India and the Taiwan area of China. In order to provide reference and inspiration for the further improvement of the legal supervision of private lending in China, the fourth part puts forward some countermeasures to improve the supervision system of private lending in our country: the principles of the supervision of private lending, the establishment of an omni-directional regulatory system, the establishment of an industry access system, and the perfection of the system. The relevant provisions of lending rates and private lending registration system.
【学位授予单位】：华侨大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.28
，
本文编号：2138540
[Abstract]:To some extent, private lending is a great supplement to the formal finance in China. For many small and medium-sized enterprises, it is a good way to solve the financing problems and promote the development of our country's social economy. However, our country has long carried on the high pressure control policy to the private lending behavior, which has exposed many disadvantages, such as supervision. The subject is multiple, the regulatory object is confusing and the interest rate is not reasonable. This has caused great resistance to the function of the freedom of private lending in our country, even makes many behavior in the state of illicit, and it is very easy to produce financial harm. In the study of comparative analysis, we first define the concept of the related folk lending and its legal supervision, analyze the supervision form and necessity of private lending, and then analyze the present situation of the legal supervision of private lending in our country and analyze their existence from the relevant regulations of the legal supervision and the development of the legal system in our country. This paper is divided into four parts: the first part, from the theory, it defines the legal connotation of private lending, summarizes the main forms of private lending, and analyzes the concept of legal supervision of private lending. This paper introduces the form of legal supervision of private lending. The second part, starting with the relevant regulations of the legal supervision and the development of the legal system in our country, analyzes the practice and the existing problems in this respect in detail and deeply. The third part introduces the law of private lending in the United States, Japan, India and the Taiwan area of China. In order to provide reference and inspiration for the further improvement of the legal supervision of private lending in China, the fourth part puts forward some countermeasures to improve the supervision system of private lending in our country: the principles of the supervision of private lending, the establishment of an omni-directional regulatory system, the establishment of an industry access system, and the perfection of the system. The relevant provisions of lending rates and private lending registration system.
【学位授予单位】：华侨大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.28
，
本文编号：2138540
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