我国合会法律规制研究

发布时间：2018-03-30 02:04

本文选题：合会　切入点：民间金融　出处：《湖南师范大学》2015年硕士论文

【摘要】：合会是我国传统的民间资金融通形式,属于一种自发的金融形态,其是指对资金有需要的人(一般称为会首)对其他若干人(称为会脚或会员)发出邀请,组成一个团体,每次按约定的时间交纳一定数额的会款(会钱或会金),以合同约定的形式决定会金使用顺序,直到每个会员都得到会金后(仅一次),该团体即宣告解散的一种资金融通方式。相较于其他民间金融形式,合会有着顽强的生命力和其不可替代的优势,当前已经成为我国中小、小微企业的重要资金来源。但是,因合会法律地位不明,使其一直处于“体制外”运行状态,我国政府对合会的态度也因政策的变动而变化。加上合会本身不可避免的内在风险性和脆弱性,使合会运行出现不稳定性、不可控性和不规范性。近几年,在商品经济的强烈冲击下,合会的发展出现不同程度的变异现象,已不再是传统意义上的合会,其最原始的互助性被削弱,使其有向趋利性演变的趋势,变成恶意套取资金的行为。合会由原本的资金互助变成资金游戏,大量倒会的发生导致合会发展陷入恶性循环。这不仅影响我国经济的健康发展,也给金融安全埋下隐患,更不利于社会稳定。域外合会法律规制的实践表明,应当明确合会合法地位,实现合会法典化,加强对合会风险的防范。针对我国合会及其法律规制存在的问题,结合域外的经验,对我国合会法律规制完善建议作如下总结:一、构建我国合会法律规制体系,给我国合会合法地位,并在实现我国合会法典化的道路上不断努力;二、以法律的明确形式对合会当事人的权利义务作合理界定;三、完善我国合会运行的监管制度,在充分利用内部自我监管机制的同时施以外部监管;四、建立合会风险法律防范机制;五、正确认识合会运行过程中存在的必然风险,完善合会风险事后处置机制。
[Abstract]:The association is a traditional folk fund financing form in our country, which belongs to a kind of spontaneous financial form. It means that people in need of funds (commonly referred to as "the head of the meeting") are invited to other people (known as "club feet" or "members") to form a group.Each time a certain amount of meeting money is paid at the agreed time (the money or money of the meeting is decided in the form of a contract agreement, until each member has received the money of the meeting) (only once, the organization is declared dissolved as a method of financing.Compared with other forms of private finance, it has strong vitality and irreplaceable advantages, and has become an important source of capital for small and medium-sized enterprises in China.However, due to the unclear legal status of the Commission, it has been operating outside the system, and the attitude of our government towards the Commission has also changed with the change of policy.Combined with the inherent risk and vulnerability of the association itself, instability, uncontrollability and irregularity appear in the operation of the joint committee.In recent years, under the strong impact of the commodity economy, the development of the Council has shown varying degrees of variation. It is no longer the traditional sense of the association. Its most primitive mutual assistance has been weakened, which has led to a trend of evolution in the direction of interest.The act of becoming a malicious arbitrage of funds.From the original mutual fund into a fund game, a large number of inverted will lead to the development of a vicious circle.This not only affects the healthy development of China's economy, but also poses hidden dangers to financial security, and is not conducive to social stability.The practice of legal regulation shows that the legal status of the association should be clearly defined, the codification of the association should be realized, and the prevention of the risks of the association should be strengthened.In view of the problems existing in China's association and its legal regulation, combined with the overseas experience, the following suggestions are made to improve the legal regulation of China's association: first, to construct the legal regulation system of China's association and give the legal status of the association to China.And continue to work hard on the road of realizing the codification of China's Association; second, make a reasonable definition of the rights and obligations of the parties concerned in a clear form of law; third, improve the supervision system of the operation of the Association.While making full use of the internal self-supervision mechanism, external supervision should be carried out; fourth, the legal prevention mechanism of the risk of the association should be established; fifthly, the necessary risks existing in the operation of the association should be correctly understood, and the mechanism of after-treatment of the risks should be improved.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.28

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