我国民间借贷之法律规制路径

Path of Legal Regulation on Private Lending in China

民间借贷作为民间金融的主要形式,在一定程度上满足了部分市场主体的融资需求,成为正规金融的有益补充。但民间借贷法律规范相冲突且滞后于社会实践、管制过严、监管不到位等,使民间借贷在发挥积极作用的同时也存在不少弊端。通过为民间资本提供可靠的投资渠道并扩大民间借贷合法化范围、建立健全利率市场化和信息公开化制度以及建立多层次的监管主体,使民间借贷市场朝着健康有序的方向发展。

Private lending as the main form of folk finance, to a certain extent, meets parts of the market entity＇s financing needs, and becomes the beneficial supplement of formal finance. But laws and regulations about private lending conflict each other, lagging behind the social practice, controlling too strictly, or lacking in supervising. As a result, although it plays a positive role, the private lending also has many defects. By providing a reliable investment medium for private capital and expanding the scope of the legalization of private lending, by establishing the perfect marketization of interest rate and the opening information system, and by establishing a multi-level supervisory body, the private lending market can be developed in the healthy and orderly direction.