试论信贷公平的实现障碍及其法律对策

REMARK ON THE OBSTACLES OF EQUAL LOAN AND ITS LEGAL RESOLUTIONS

信贷公平即企业能够从银行获得公平、合理的贷款,信贷公平与信贷自主二者对立统一。当前实现信贷公平的障碍包括贷款立法理念的偏差、金融宏观调控导致信贷紧缩、相关制度的空洞化和形式化等。实现和保障信贷公平的法律对策关键在于贷款立法理念的创新和贷款申诉制度的构建。信贷公平是经济公平的重要体现,对于金融生态环境的完善以及宏观经济的稳定均具有重大价值。

Equal loan is that the enterprises can get the fair and reasonable loan from the banks.There is an opposing and unifying relationship between equal loan and independent loan.The obstacles in realizing equal loan include： the wrong orientation in the philosophy of the legislature concerning loan;the contraction of loan by the macroeconomic regulation in finance;the uselessness and failure in the construction of coordinated systems.The critical legal approaches to realize and guarantee equal loan are to realize the revolution in the philosophy of the legislature concerning loan,and construct the supervising system in loaning.Equal loan is the important reflection of economic equity,and it is important for improving the finance environment and protecting the macroeconomic.