普惠金融视野下我国民间借贷的发展与规制

The Development and Regulation of Inclusive Finance and Private Lending

建立普惠金融体系是金融发展权的制度保障,党的十八届三中全会审议通过的《中共中央关于全面深化改革若干重大问题的决定》将普惠金融作为我国金融改革的重要内容,体现了党和政府对金融发展基本规律的正确认识。我国应当通过发展民间金融构建完善的普惠金融体系,惠及民生,促进金融民主。民间借贷应当坚持意思自治的立场予以规制,民间融资则应当以商法路径予以规制。实行利率管制和防止非法集资是民间借贷规制的重要内容。

The establishment of inclusive finance system is the institutional guarantee of the financial development right. Inclusive finance is adopted as an important part of our country＇s financial reform in The Decision on Major Issues Concerning Comprehensively Deepening Reforms endorsed by the Third Plenary Session of the Eighteenth Chinese Communist Party＇s Central Committee, which reflects the basic rules of the financial development. This paper points out that Jiangsu Province, as one of the developed regions in China, should build perfect inclusive finance system through the development of private finance to benefit people＇s livelihood and promote financial democracy. The private lending should be regulated with the standpoint of autonomy of will and the private financing should be regulated with commercial law. The interest regulation and the prevention of illegal fund raising are two main concerns.