金融危机与我国民间融资的法律规制

Legal Regulation of the Non-governmental Financing in China after Financial Crisis

在金融危机背景下,存在着一个一直困扰着我国的金融市场问题:一方面我国大批中小企业实体经济,资金短缺已成为制约它们发展的瓶颈;而另一方面是民间资本规模一直在不断发展壮大,需要寻找投资渠道,可是受法律法规限制投资路径不畅。根据中国目前的金融制度,缺乏法律规定的畅通的民间融资渠道,这导致了非法集资活动频繁发生,规模不断增大,因此当务之急就是要将目前基于融资需求的非法集资活动归进融资监管领域,为民间融资预留合法化空间。

In the current financial crisis, financial market in China has been frustrated by the following problem for a long time： on the one hand, shortage of funds has become the bottleneck of the development for a lot of small and medium-sized enterprises; on the other side, scale of the non-governmental capital becomes increasingly large, and it needs a suitable investment channel, however, it is always constrained by laws and regulations. According to the financial system in China, the lack of a legal non-government financing channel leads to the illegal financing activities occurred frequently. Moreover, the scale becomes increasingly large. Thus, the legal space for the non-government financing can be reserved. It is therefore imperative that the current urgent need is to regulate and supervise the illegal fund-raising activities.