我国民间融资风险的制度规制

发布时间：2018-03-19 01:07

本文选题：民间融资　切入点：风险　出处：《山东大学》2013年硕士论文　论文类型：学位论文

【摘要】：改革开放以来,随着我国经济的快速发展,社会财富的增加,民间融资随之日趋活跃。作为资金、资源的一种有效配置手段,民间融资在补充银行资金不足、合理配置资源、满足中小企业及“三农”等市场主体的融资需求方面发挥了积极作用,促进了经济的繁荣。但是,随着我国一些地区因资金链断裂而引发的危机陆续浮出水面,人们关于“民间融资是一把双刃剑”的担忧正日益变成现实。近年来,我国温州、鄂尔多斯等热点地区相继因资金链断裂发生民间融资危机,很多企业主、以民间融资为业的客商负债累累,选择跑路；不少企业资不抵债,纷纷倒闭；大量将其多年积蓄投入民间融资市场,意图谋求高额利润的人更是血本无归。风险之大,可谓触目惊心,影响之广,更是举国关注,危害之深,已经威胁我国金融体系的安全,对我国经济的健康发展及社会的和谐稳定造成较大负面影响,甚至在当前全球经济不景气的大环境下,给世界经济的复苏前景蒙上一层阴影。逐利是民间融资的本性,风险与民间融资与生俱来、终生相随。无论在世界哪个国家、哪个地区,民间融资都存在风险。民间融资的风险在我国的彰显尤甚,其原因多方面的,如我国产业结构不合理、经济发展方式落后、虚拟经济过度膨胀、宏观经济形势不佳等,但金融体系不完善、制度规范不健全、监管措施不到位是酿成民间融资风险过大的主要原因。防范、化解民间融资的风险,当务之急是从制度上加强对其引导和规范。我国一些法律法规对民间融资虽有所涉及,但很不系统、不完善,散见于《合同法》、《担保法》、《刑法》、《民法通则》等法律及国务院颁布的部分行政法规、最高人民法院颁布的部分司法解释中。民间融资行为缺乏专门的监管主体,对民间融资蕴含的风险缺乏相应的预判、应对机制,在风险发生后也无应急处置机制,几乎处于放任自流状态。制度的缺失、法律的不健全,导致我国对民间融资的风险缺乏有力的预判和控制,一旦危机形成,民间融资酿成的后果犹如脱缰的野马,难以收拾。基于上述问题,研究“我国民间融资风险的制度规制”这一课题,在当下显得是尤为必要和迫切。同时,对于推进我国金融体制改革,完善金融体系,促进金融市场的良性运行,维护金融安全,保障经济健康运行,均有重要意义。
[Abstract]:Since the reform and opening up, with the rapid development of our economy and the increase of social wealth, private financing has become more and more active. As an effective means of allocating funds and resources, private financing is used to supplement the shortage of bank funds and allocate resources reasonably. Meeting the financing needs of small and medium-sized enterprises and market entities such as agriculture, rural areas and farmers has played an active role in promoting the prosperity of the economy. However, with the emergence of crises caused by the breakage of the capital chain in some areas of our country, People's concern that "private financing is a double-edged sword" is increasingly becoming a reality. In recent years, in Wenzhou, Ordos and other hot areas in China, private financing crises have occurred one after another because of the breakage of the capital chain. Many business owners, Businessmen in the private financing industry are heavily in debt and choose to run the road; many enterprises are insolvent and close down one after another; a large number of people who have invested their savings in the private financing market for many years are even more desperate for high profits. The risks are great. It can be described as shocking and far-reaching, and it is of great concern and harm to the whole country. It has threatened the security of our financial system and has had a great negative impact on the healthy development of our economy and the harmony and stability of our society. Even in the current global economic downturn, the prospects for the recovery of the world economy cast a shadow. Profit-driven is the nature of private financing. Risk and private financing are inherent and lifelong. No matter in any country or region of the world, there are risks in private financing. The risks of private financing are especially evident in our country. There are many reasons, such as unreasonable industrial structure, backward economic development mode, excessive expansion of virtual economy and poor macroeconomic situation, but the financial system is not perfect and the system is not perfect. Regulatory measures are not in place is the main cause of excessive private financing risk. In order to prevent and resolve the risks of private financing, it is imperative to strengthen the guidance and standardization of the private financing systemically. Although some laws and regulations of our country have something to do with private financing, it is far from systematic and imperfect. Scattered in "contract Law", "guarantee Law", "Criminal Law", "General principles of Civil Law" and some administrative regulations promulgated by the State Council, and some judicial interpretations promulgated by the Supreme people's Court. The risk contained in private financing is lack of corresponding pre-judgment and coping mechanism, and there is no emergency mechanism after the occurrence of the risk, which is almost in a state of laissez-faire, the absence of system, the imperfection of the law, As a result, the risk of private financing in our country is short of strong pre-judgment and control. Once the crisis is formed, the consequences of private financing are like runaway Mustang, which is difficult to clean up. Based on the above problems, it is necessary and urgent to study the subject of "Institutional Regulation of Private financing risk in China". At the same time, it is necessary and urgent to promote the reform of China's financial system and improve the financial system. It is of great significance to promote the healthy operation of the financial market, to maintain the financial security and to ensure the healthy operation of the economy.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：F832.4

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