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民间借款作为一种筹措资金的重要办法,在我国广泛的存在,借款合同作为借款的一种凭证,在我国《合同法》当中,也对其做了具体的规定,简而言之就是借款合同具有普遍的法律意义。近年来,随着我国社会的不断进步和经济环境的不断变化,现行的《合同法》越来越不能适应经济发展的需求,该法律对于借款合同的保护范围也是越来越窄,这种现象非常不利于民间借款这种筹措资金行为的合理化发展。针对目前出现的一系列借款合同问题,本文进行了针对性分析,并且就解决方法进行了探讨,旨在加强关于借款合同法律法规方面的建设,加大法律对借款合同的保护。
As an important way to raise funds, non-government borrowing is widely existed in our country. Borrowing contract as a voucher for borrowing has also made specific stipulations in China’s “Contract Law”. In short, it is a loan contract Has general legal significance. In recent years, with the continuous progress of our society and the constant changes of the economic environment, the current “Contract Law” can not meet the needs of economic development more and more. The protection scope of the law on loan contracts is also getting narrower and narrower. This phenomenon It is very detrimental to the rational development of non-government loan financing. Aiming at a series of loan contract problems, this article has carried on the targeted analysis, and has carried on the discussion to the settlement method, aimed at strengthening the construction about the laws and regulations of the loan contract, increases the law to protect the loan contract.