民间融资的立法前瞻

On Legislative Foresight of Non-governmental Financing

融资自由是经济自由的应有之义,并对破解中小企业融资难题有现实意义,但民间融资合法化的呼声却遭遇金融垄断与维稳困境的障碍。破解立法难题应形成有效的市场自律与政府管制安排,构建以私法自治为基础的民间金融法律秩序。

The freedom of financing is part of the meaning of economic freedom, and is also meaningful for solving the difficulty of fundraising for Small and Medium-sized Enterprises （SME） . But the call for legitimizing non-governmental financing is confronted with the dilemma of financial monopoly and social stability. Therefore, to break through, there needs to be effective arrangements of mechanism between the market and the government, and financial law system based on autonomy of private law.