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为了有效地控制金融安全以及对民间借贷的风险进行合理调控,我国法律法规对民间借贷作了严格的规定,想以此来对我国社会主义市场经济的重要组成部分进行调节,可是这些措施对我国民间借贷的持续性和长期性的蓬勃发展并无根本性的影响,随着经济和社会的不断发展,我国民间借贷的规模和范围也在不断扩大,国家应采取必要的手段进行调节,但更重要的是对民间借贷进行适度法律规制,引导其健康发展。本文主要从民间借贷的概念及其特点以及笔者对民间借贷措施执行状态的看法入手,浅谈民间借贷合同的法律问题。
In order to effectively control the financial security and properly regulate the risks of private lending, our laws and regulations have strictly regulated the private lending and want to regulate the important components of China’s socialist market economy. However, The continuity of private lending and the long-term vigorous development have no fundamental impact. With the constant development of economy and society, the scale and scope of China’s private lending are also constantly expanding. Countries should take the necessary measures to make adjustments, but more It is important to regulate private lending appropriately and to guide its healthy development. This article mainly from the concept of private lending and its characteristics as well as the author of the status of the implementation of private lending measures to start with the legal aspects of private lending contract.