基于案例与法理视角对现行农户联保贷款制度的探析

An Analysis on the Current Farmer Group Lending System from the Perspective of Cases and Legal Theory

本文基于两则案例,从农户联保贷款的法律特征和农户联保小组制度入手,对现行农户联保贷款制度和运行机制进行了法理剖析,结合当前农户联保贷款发展现状、模式和主要做法的分析,得出现行农户联保贷款制度存在制度效力层次较低、条款规定较为含糊、农户联保小组管理和运行机制不健全、贷款风险防控机制缺失等问题,提出了制定约束力较强的法律制度、构建逻辑性较强的规则体系、优化信贷管理、完善保障机制、简化诉讼流程、强化判决执行等完善农户联保贷款制度的相关建议。

Based on two cases, beginning from the legal characteristics of farmer group lending and farmers coinsurance group system, the paper analyzes the current farmer group lending system and operational mechanism. Combined with the analysis on the current development status, patterns and main methods of farmer group lending, the paper draws that there exist some problems such as that the system effectiveness level of the current farmer group lending system is low, terms is relatively vague, farmers coinsurance group management and operation mechanism is not sound, and the loan risk prevention and control mechanism is insufficient. At last,the paper puts forward related suggestions such as formulating the law system with stronger binding force, constructing a rule system with strong logic, optimizing the credit management, perfecting the safeguard mechanism, simplifying the process of litigation and strengthening the execution of the judgment to perfect the system of farmer group lending.