民间借贷作为民间金融的一种形式,作为满足经济发展需要的一种融资机制,能够促进经济尤其是农村经济的发展。但是,同时也带来许多负面影响,比如容易变成高利贷;影响我国货币政策的制定与实施等;这些问题的产生,从法律的角度分析主要是因为相关立法的缺失或现行法律规定之间不协调、国家宏观监管等存在缺陷,从而导致民间金融出现问题后无法可依或有法难依。本文仅对其在公法领域内的风险和缺陷进行分析。 As a form of private finance, as a financing mechanism to meet the needs of economic development, private lending can promote the development of economy, especially the rural economy. However, it also brings many negative effects at the same time, such as easy to become usury; affect the formulation and implementation of China’s monetary policy, etc. The emergence of these problems from a legal point of view is mainly due to the lack of relevant legislation or the current legal provisions Coordination, macroeconomic regulation and other defects in the state, resulting in non-financial problems or can not rely on the law. This article only analyzes its risks and defects in the field of public law.