论我国民间借贷的法律规制

On the Legal regulation of Private Lending in China

民间商事借贷是民间借贷规范的重点,民间隐性的经营性借贷和经营性高利贷是民间借贷规范的难点。建议有关部门确立民间隐性的经营性借贷的法律认定标准和识别方法,对其进行阳光化、合法化和规范化改造;建构民间商事借贷监管机制,明确监管机构及其权责,健全商事借贷经营主体市场退出相关规定,修订完善相关法律法规;推行有最高利率限制的利率市场化,出台相关政策扩大民间投资渠道,发挥政策在民间商事借贷发展中的引导作用。

The folk commercial credit is the key point of specification for the folk credit. The business lending and profit-making usury of folk recessive is the difficulty of specification for the folk credit. The author suggested that some related departments should make clear the legal standards and recognition method for the folk recessive business lend and reformed it into standardization. We should build the regulatory mechanism of folk commercial credit and make clear the regulators and their responsibilities. And then we should improve the related rules about commercial credit business entity market exit, Re-vise and perfect the relevant laws and regulations. At last we should implement the interest rate mar-ketization with the highest interest rate restriction, carry out the related policies to widen the folk invest channels and make sure the policy play the leading role in the development of folk commercial credit.