保证在民间借贷中的法律问题分析
发布时间：2018-07-16 11:16
【摘要】：民间借贷一直以来是中国社会重要的经济现象。在经济较为低迷,企业面临资金短缺、融资难的背景下,近几年民间借贷发展迅速,规模不断扩大。在民间借贷中,保证是最为常见的担保方式,保证对民间借贷的建立和债务偿还都具有重要作用,其在一定程度上促进了民间借贷的发展。但在民间借贷发展的过程中,保证的问题和弊端也逐渐暴露出来。本文选择分析民间借贷中保证存在的法律问题,并提出相应的法律对策,进而规范保证行为,减少纠纷的发生,促进民间金融健康发展。全文分为三个部分：第一部分：民间借贷中保证的现状及作用。分析了民间借贷以及民间借贷中保证的现状,民间借贷案件数量和民间借贷的标的额增长迅速,其用途由消费性转化为生产经营性。民间借贷案件中涉及保证的占其总数的四分之一,保证的主体也逐渐复杂化。关于保证在民间借贷中的作用主要从三个方面进行了阐述：保证对民间借贷建立、债务清偿的作用以及保证人对借贷金额及利率的影响。第二部分：民间借贷中保证存在的问题。从保证自身、保证人、保证合同、诉讼情况四个方面对民间借贷中保证存在的问题进行分析,其中关于保证人的问题和保证合同是本文的重点内容。第三部分：解决民间借贷中保证问题的对策。首先针对规范保证人问题提出明确保证人的资格及诉讼地位,并正确区分保证人和中间人。其次提出规范保证合同,建立保证合同公证制度。再次建立专业担保公司制度。最后提出推行新类型担保的对策。
[Abstract]:Private lending has been an important economic phenomenon in Chinese society. In the background of a relatively low economy and the shortage of funds and difficult financing, private lending has been developing rapidly and expanding in recent years. In private lending, the guarantee is the most common guarantee, and it is important for the establishment of private lending and the repayment of debt. It has promoted the development of private lending to a certain extent. But in the process of the development of private lending, the problems and disadvantages of the guarantee are gradually exposed. This article chooses to analyze the legal problems that guarantee the existence of private lending and puts forward the corresponding legal countermeasures to standardize the behavior, reduce the occurrence of disputes and promote the folk finance. The full text is divided into three parts: the first part: the status and role of the guarantee in private lending. The status of the guarantee in private lending and private lending is analyzed. The number of cases of private lending and the rapid growth of the standard amount of private lending are rapidly transformed from consumption to production management. Accounting for 1/4 of the total, the main body of guarantee is also gradually mixed. The role of guarantee in private lending is mainly expounded in three aspects: to guarantee the establishment of private lending, the role of debt payment and the influence of the guarantor on the amount of borrowing and interest rate. The second part: the problems that guarantee the existence of private lending. Self, the guarantor, the guarantee of the contract, the case of litigation four aspects of the existing problems to ensure the existence of private lending analysis, among them the problem of the guarantor and the guarantee of the contract is the key content of this article. The third part: to solve the problem of private lending to guarantee the problem. First of all, put forward a clear guarantee of the qualification of the standard guarantor problem. And the position of the lawsuit, and correctly distinguish between the guarantor and the middleman. Secondly, it puts forward the standard guarantee contract, establishes the guarantee contract notarization system, and establishes the professional Guarantee corporation system again. Finally, it puts forward the countermeasures to carry out the new type of guarantee.
【学位授予单位】：山西大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923
本文编号：2126214
[Abstract]:Private lending has been an important economic phenomenon in Chinese society. In the background of a relatively low economy and the shortage of funds and difficult financing, private lending has been developing rapidly and expanding in recent years. In private lending, the guarantee is the most common guarantee, and it is important for the establishment of private lending and the repayment of debt. It has promoted the development of private lending to a certain extent. But in the process of the development of private lending, the problems and disadvantages of the guarantee are gradually exposed. This article chooses to analyze the legal problems that guarantee the existence of private lending and puts forward the corresponding legal countermeasures to standardize the behavior, reduce the occurrence of disputes and promote the folk finance. The full text is divided into three parts: the first part: the status and role of the guarantee in private lending. The status of the guarantee in private lending and private lending is analyzed. The number of cases of private lending and the rapid growth of the standard amount of private lending are rapidly transformed from consumption to production management. Accounting for 1/4 of the total, the main body of guarantee is also gradually mixed. The role of guarantee in private lending is mainly expounded in three aspects: to guarantee the establishment of private lending, the role of debt payment and the influence of the guarantor on the amount of borrowing and interest rate. The second part: the problems that guarantee the existence of private lending. Self, the guarantor, the guarantee of the contract, the case of litigation four aspects of the existing problems to ensure the existence of private lending analysis, among them the problem of the guarantor and the guarantee of the contract is the key content of this article. The third part: to solve the problem of private lending to guarantee the problem. First of all, put forward a clear guarantee of the qualification of the standard guarantor problem. And the position of the lawsuit, and correctly distinguish between the guarantor and the middleman. Secondly, it puts forward the standard guarantee contract, establishes the guarantee contract notarization system, and establishes the professional Guarantee corporation system again. Finally, it puts forward the countermeasures to carry out the new type of guarantee.
【学位授予单位】：山西大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923
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，本文编号：2126214
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