民间融资的法律分析

在我国民间融资已有近千年历史,进入建立社会主义市场经济后,民间融资的作用和功能更是得到了创新性的发挥。随着市场经济的发展,民间融资作为一种有效的资金资源配置手段,在优化资源配置、优化社会融资结构、弥补市场资金需求和促进民营经济发展中发挥着显著功效。但由于我国现有法律法规对民间融资的保护、规范和引导等问题上都存在诸多缺陷,严重制约着民间融资的发展,对市场经济的发展也产生了不利的影响。本文从法理的角度论证其合法性,分析我国民间融资的法律制度的弊端。并在此基础上提出了规范和完善民间融资法律制度的建议。

Private financing's legal analysis

Folk financing has existed in China for almost one thousand years. After the establishment of socialistic marketing economy, the functions of folk financing have been innovatively developed. With the development of the market economy, folk financing, as an effective measure of capital resource collocation, has been playing a remarkable role in optimizing resource collocation, optimizing the structure of social financing, making up the need of marketing capital, and promoting the development of private economy. The present legal rules still have a great number of shortages in the protection, regulation and guidance of folk financing in China, which seriously limits the development of folk financing, and causes disadvantages to the development of the market economy as well. This article, juristically, analyses its legal characteristic and proves its validity. This article illustrates the current situations and deficiencies of the legal system of folk financing. Finally, for letting folk financing serve the market economy with better margin a development, the author gives suggestions on the regulation and perfection of the legal system of folk financing.