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随着温州民间借贷危机的爆发,民间借贷开始逐渐成为公众关注的焦点。我国监管机关长期以来对其进行打压,但是民间借贷仍然表现出顽强的生命力。对于民间高度发达的民间借贷与其一味的禁止,不妨适度地发展民间借贷,使其发挥应有的作用,并且改善其自身机制的不足,将民间借贷引入良性循环。本文通过法律的经济分析法与历史分析法,得出民间借贷具有低成本,高效率,高收益的优点,但也存在很大的盲目性与法律风险。针对民间借贷的以上优缺点,本文对于民间借贷的监管给出如下建议:健全法律体系,完善监管制度,完善立法体系。
With the outbreak of the private lending crisis in Wenzhou, private lending has gradually become the focus of public attention. Regulators in our country have long suppressed them, but private lending still shows strong vitality. For privately-run highly-developed private lending and blind prohibition, it may be appropriate to develop private lending so that it can play its due role, and to improve its own lack of mechanisms to introduce private lending into a virtuous circle. In this paper, through legal economic analysis and historical analysis, we conclude that private lending has the advantages of low cost, high efficiency and high yield, but there is also great blindness and legal risk. For the above advantages and disadvantages of private lending, this article gives the following suggestions for the regulation of private lending: perfecting the legal system, improving the regulatory system and improving the legislative system.