中国民间借贷的法律规制路径选择

发布时间：2018-05-02 21:08

本文选题：民间借贷 + 法律制度缺陷　；参考：《湖南工业大学》2015年硕士论文

【摘要】：民间借贷作为一种重要的融资方式在我国由来已久,最早可以追溯到西周时期。近年来,随着经济社会的发展,民众特别是我国中小企业对资金的需求不断增加,民间借贷发展也日趋活跃,并作为正规金融的有益补充为我国经济的发展发挥着独特作用。但随着我国民间借贷规模日趋庞大也将民间借贷一些潜在的、高危的、自发的高利放贷、涉嫌洗钱、集资诈骗、非法吸存等一系列扰乱社会秩序的违法犯罪行为也逐一显露。由于我国中小企业融资困难,面临巨大的资金压力,而银行经营模式的滞后致使中小企业无法从银行等金融性企业中融资,只能转向于民间借贷,而我国全民理财的困境也导致大部分有闲散剩余资金的民众希望通过民间借贷的方式使资金保值增值。民间借贷长期以来以多种方式在我国存在,从普通的民间借贷,到专门的民间借贷组织不断发展。而专门的民间借贷形式也在不断的发展变化,由以前的商号、票号到现在的私人钱庄、P2P网贷平台,全国各地都在探索民间借贷的模式,如以房屋中介为主的青岛模式、非融资性担保公司的郑州模式等。民间借贷规模的不断庞大,但是关于民间借贷的立法、监管体系却没有及时更近,长期存在着立法缺失、立法数量少、法律位阶低、利率限制不合理、民刑交叉问题规定不明等问题。由于民间借贷乱象不断引起了社会各界的关注和重视,我国政府以及社会各界也逐渐认识到现有金融体制存在的问题,如何加强对民间借贷的立法体系完善、重构监管体系,让民间借贷尴尬的法律地位得以解决。民间借贷的法律地位、利率等问题必须通过立法形式加以完善,并且要不断探索有利于民间借贷发展阳光化、规范化发展的担保模式和监管模式。
[Abstract]:As an important way of financing, folk lending has a long history in China, which can be traced back to the Western Zhou Dynasty. In recent years, with the development of economy and society, the people, especially the small and medium-sized enterprises in our country, have been increasing the demand for funds, and the development of private lending has become more and more active, and as a beneficial supplement of the formal finance, it has played a unique role in the development of our country's economy. However, with the increasing scale of private lending in our country, some potential, high-risk and spontaneous high-interest loans, suspected money-laundering, fund-raising fraud, illegal absorption and other illegal and criminal acts that disrupt social order have also been revealed one by one. Because of the difficulty of financing for small and medium-sized enterprises in our country, they are facing enormous financial pressure, and the lag of bank management mode makes it impossible for them to raise funds from banks and other financial enterprises, so they can only turn to private lending. And the dilemma of national financial management in China also leads to the majority of people who have idle surplus funds hope to increase the value of funds through private lending. Folk lending has existed in various ways in China for a long time, from ordinary folk loans to specialized private lending organizations. And specialized forms of private lending are also constantly developing and changing. From the former business name and ticket number to the private bank's P2P network loan platform, various parts of the country are exploring the patterns of folk lending, such as the Qingdao model, which is dominated by housing intermediaries. Zhengzhou model of non-financing guarantee company. The scale of private lending continues to be huge, but about the legislation of private lending, the regulatory system has not been more recent in time, there has been a long-term lack of legislation, the number of legislation is small, the legal order is low, the interest rate restrictions are unreasonable. The issue of the intersection of civil and criminal justice is unclear and so on. As the chaos of private lending has aroused the attention and attention of all walks of life, our government and all walks of life have gradually realized the problems existing in the existing financial system, how to strengthen the legislative system of private lending and how to reconstruct the regulatory system. The embarrassing legal status of private lending can be resolved. The legal status and interest rate of private lending must be perfected through legislation, and the guarantee and supervision models that are conducive to the development of private borrowing and credit should be explored continuously, which is conducive to the development of sunshine and standardization of the development of private lending.
【学位授予单位】：湖南工业大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.28

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