我国民间借贷法律风险及防范路径研究

Study on the Legal Risks and Defense Methods of Folk Credit in China

民间借贷在补充正规金融、推动经济发展方面起到了积极作用,但也存在一些负面影响。由于相关法律之间缺乏协调性和统一性,部分制度缺位,民间借贷面临着公法和私法两个层面的法律风险。规范发展民间借贷,应当建立完善我国民间借贷法律体系,加强引导管理,防范和化解法律风险,坚持引导监测和自律建设并重。

Folk credit has been playing an important role in supplementing the formal financing and impelling rapid development of economy, accompanying with a few negative impacts. Due to the disharmony among rules and regulations, folk credit is facing legal risks from public law and private law. For the sake of developing and regulating folk credit, we should establish the legal system of folk credit, enhance the governmental supervising and inducting, so as to prevent and lessen the legal risks.