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据中央财经大学2005年12月29日发布的《中国地下金融调查》显示,中国地下金融规模高达8000亿元,相当于正规融资规模的28.07%。而近年来我国进一步紧缩信贷,出现民间企业尤其是中小企业贷款难的局面,为了自身的企业存活和发展,它们不得不转向民间融资的途径,这样,民间融资的规模相信会比以上数据更大,与此同时,也出现了这样或那样的问题,如浙江吴英非法吸收公共存款案,温州跑路案等等,这说明民间融资是否应该界定为合法值得探讨,如果界定合法,那么融资限度也有待商榷,同时亦有必要对此立法予以规制。
According to “China’s Underground Finance Survey” released by the Central University of Finance and Economics on December 29, 2005, China’s underground financial scale is as high as 800 billion yuan, equivalent to 28.07% of the formal financing scale. In recent years, China has further tightened its credit system. This has led to the difficulty of loans to non-governmental enterprises, especially small and medium-sized enterprises. For their own enterprises to survive and develop, they have to turn to private financing. As a result, the scale of private financing is believed to be larger than the above figures At the same time, one or more problems such as Zhejiang Wuying illegally absorbing public deposit cases and Wenzhou running case have also emerged. This shows whether private financing should be defined as legally worth exploring. If the definition is legal, then the financing limit It is also open to question. It is also necessary to regulate this legislation.