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近年来,湛江经济发展迅猛,各种经济主体对流动资金的需求日益旺盛,然而商业银行放贷门槛,而民间借贷以其快捷、方便、高效的特点在经济发展过程中发挥着越来越重要的作用。然而,在实践中,立法不足,现有法律划分界限及适用情况不明确、管理体制的不完善,以及认识的不统一,致使民间借贷处于非法或放任失控的状态。民间借贷引发的纠纷日渐高发,从而引发种种社会问题,尤其是债权利益得不到充分的维护而引发的借贷纠纷,影响社会稳定。以湛江嘉粤集团破产重整案为引例,分析民间借贷案件的特点,探究规制以及引导民间借贷行为的策略,为建立和完善债权人权益维护机制提出笔者的见解和意见。
In recent years, with the rapid economic development in Zhanjiang, the demand for liquidity by various economic entities has been growing rapidly. However, commercial banks have lending thresholds, and private lending plays an increasingly important role in economic development due to its quick, convenient and efficient features effect. However, in practice, inadequate legislation, ambiguous boundaries of the existing laws and their application, imperfect management systems, and the lack of common understanding have made the private lending illegal or indifferent. Disputes arising from private lending are increasingly high, triggering various social problems, especially loan disputes arising from the insufficient maintenance of claims, affecting social stability. Taking the bankruptcy and reorganization case of Zhanjiang Jiayue Group as an example, this paper analyzes the characteristics of the non-government loan cases, investigates the regulation and the strategy of guiding the non-government loan activities, and puts forward the author’s opinions and opinions for establishing and perfecting the safeguard mechanism of the creditor’s rights and interests.