论民间借贷的立法规制

当前民间借贷中高利率和非法集资等问题的存在,严重影响了市场秩序和社会稳定,亟需规制。反思现行法律制度,立法失当、立法空缺同时存在,不利于促进民间借贷的规范化。规范民间借贷市场,应采取灵活的高利贷认定标准,加强对借贷活动过程的规制。通过专项立法规范企业间借贷行为,并理顺相关立法内容。对企业社会集资的规范,应改现行非法集资的客观认定标准为主客观结合的认定标准,将有合理融资需求的集资纳入《证券法》规制范畴。增加专门立法规范民间合会与借贷中介机构的运作。

On the Legislative Regulation of Informal Lending

The present informal lending has many problems such as high interest rates and illegal fund-raising that have seriously affected the market order and social stability and require regulating immediately.Rethinking the existing legal system,legislative inappropriateness and legislative vacancy coexist,which is not conducive to promote the regulation of informal lending.In order to regulate the informal lending,flexible recognition criterion for usury should be adopted and the regulation of the process of debit and credit should be intensified.Capital financing between enterprises should be regulated by special legislation,and the related legislations should be brought into better balance.As to regulating the social fund-raising among enterprises,the objective criteria for recognizing the illegal fund-raising should be changed into the subjective-objective criteria.The reasonable fund-raising should be included in the range of the regulation of Securities Law.And special laws should be made to regulate the management of the folk rotating savings and credit associations and also the lending intermediary.