民间借贷的司法解释研究

Study of Judicial Interpretation in Folk Debit and Credit

我国民间借贷一直游走于灰色地带,不规范和不透明的特点决定了其具有较高的风险,但是这种借贷方式较高的暴利空间又让民间放贷者趋之若鹜,虽然它不属于借贷方式的正统,但不可否认的是,它有效弥补了市场经济下,正规金融放贷体制的不足,因此,民间借贷需要一个合法的身份以及相关的体制进行规范引导。本文就从司法角度来分析一下民间借贷,从而帮助人们能够有效地维护自身利益。

Our country＇s folk debit and credit has been always in the grey zone and the nonstandard and nontransparent features decided its high risk. But the high profit of this lending made tblk lenders run atter it. Although it doesn＇t belong to the orthodox of lending, what is undeniable is that it effectively makes up the shortages of formal financial credit system in market economy. There fore, tblk debit and credit need a legal identity and the related system to guide in a standard way. The paper analyzes the folk debit and credit from the perspective of judiciary and so as to help people effectively safeguard their own interests.