民间借贷、民间金融概念的比较——基于对理论的历时性分析

Comparison between Concepts of Non-governmental Lending and Finance:Based on Duration Analysis on Theories

民间借贷、民间金融这两个概念为学界所混用。通过对制度层面以及学术界的检索,发现民间借贷的概念更早产生也为国家所承认与采用。经比较可知,民间借贷为民间金融的初级形态,前者宜用行为法调整,后者应由主体法调整;由于金融体制改革正在进行,民间金融的立法基础不稳固,在讨论民间金融法制化这一论题时,应当将民间借贷确定为立法的重点。

The concept of non-governmental lending is used as an alternative for that of non- governmental finance by the Academia. After the academic and institutional search, the former is earlier to be used and accepted. After comparison, non-governmental lending is the primitive form of non-governmental finance. The former is subject to behavioral law, the latter to main body law; due to on-going reform in financial system, the legislative base is not solid, when legislating the non- governmental finance, focus should be put on the non-governmental lending.