民间借贷风险的法律防范

Legal Protection for the Private Debit and Credit Risks

一场没有硝烟的金融战争结束以后,世界经济处于一个低迷的时期,中国虽较之其他国家有所优势,但也始终未逃脱危机的枷锁。中小企业由于没有雄厚的财力作为支撑,金融危机的发生无疑给予他们致命一击,尤其在融资方面更是困难。为了解决困难,中小企业便把求生的目光投向了不受地区限制的民间借贷。近年来民间借贷规模扩大,形式多样,在金融机构之外,民间借贷发挥着不可替代的作用,很大程度上满足了人民群众临时性融资的需求,支持了中小企业的发展。但长久以来,中国并没有对民间借贷形成统一的、明确的管理规范,更没有对民间借贷给予法律上合理的定位,这导致了有关民间借贷的纠纷不断增加,金融风险也频繁发生。因此,建设相关民间借贷方面的法律制度势在必行。

After the financial war without has advantages compared with other countries, smoke ended, the world economy is in a period of downturn. China but it also did not escape the shackles of crisis. Because there are no deep pockets as support for SMES, the financial crisis is undoubtedly to give them fatal injure, especially in respect of financing. In order to solve the difficulties, eyes for survival of small and mediumsized enterprises are thrown at the private lending which is not limited by regions. In recent years, as the private loans are broaden in scales and in varied forms, the private lending plays an irreplaceable role beyond the financial institutions, at the same time, it meets the needs of the masses of temporary financing and supports the development of the SMES. But because of not forming an unified and clear regulations, especially not giving a reasonable position to private lend- ing in China, disputes about private lending increased and financial risks are also frequent. So it is necessary to construct the legal system on private lending.