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民间借贷是一种自发的民间融资活动,是民间资本的重要投资渠道,以其及时、简便、灵活等优点,对银行信用起着拾遗补缺的作用,对我国金融系统的完善和发展具备重要的意义。但是长期以来民间借贷在我国并没有取得合法的地位,缺乏法律监管的民间借贷在国内呈无序的发展状态,在给我国金融系统和社会带来巨大的利益的同时,也给我国金融市场和社会发展带来诸多不稳定的因素。本文主要现行以现行的法律法规中关于民间借贷的具体制度为基点,在此基础之上,通过对现今学者的研究成果进行归纳、总结及合理借鉴,探讨我国民间借贷法律规制的可能的方案。
Private lending is a spontaneous private financing activity and an important investment channel for private capital. With its advantages of being timely, simple and flexible, private lending plays a role of supplementing and replenishing bank credit and has an important role in the improvement and development of China’s financial system significance. However, for a long time, private lending has not gained a legal status in our country. The non-governmental non-regulatory lending has been in a disorderly development status in our country. While bringing enormous benefits to China’s financial system and society, it also gives our country’s financial markets and Social development has brought many factors of instability. Based on the above, this paper mainly summarizes and draws lessons from the research results of today’s scholars and probes into the possible solutions to the legal regulation of private lending in our country based on the current laws and regulations on the specific system of private lending.