民间借贷风险的法律规制

The Legal Regulating on the Risk of the Private Lending

作为正规金融的有益补充,民间借贷在服务民间融资、推动中小企业发展方面发挥了重要的作用。由于体制、制度、监管等多方面的原因,民间借贷面临着直接、间接两个方面的风险。市场无法自行化解这些风险,政府应当发挥有形之手的作用,在体制、制度、机制各层面强化、完善对民间借贷风险的规制。

As a beneficial supplement of the formal financial pattern, the private lending plays an important role in the aspect of providing folk financing service , promoting the development of small and medium-sized enterprises . Due to various reasons such as system, institutional, regulatory, the private lending is faced with the risk directly and indirectly . The strength of the market are not enough to resolve these risks, under this situation, the government should use his visible hand to play a role on the system, mechanism to reinforce and perfect the regulation of the private lending risks.