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民间金融正规化的尴尬,折射出民间金融规制体系的内在紧张关系,并导致民间金融与既有的硬法规制之间的疏离。其结果是,民间金融走向了脱离硬法规制射程的地下化治理,发展出独特的内部软法规制的样态。不过,因软法规制的有限性,其规制效果也显得力所不逮。民间金融软硬法单一规制的乏力,昭示了制度改进的第三条道路,即硬法与软法协同规制的新路重建。这种重建隐含了新治理浪潮下的私人参与和分权化社会规制,并具体呈现为对民间金融软硬法复合的执行创新与软硬法叠加的组织再造。
The embarrassment of the informalization of private finance reflects the inherent tensions in the non-governmental financial regulation system and leads to the alienation between private finance and the existing hard legal system. As a result, private finance has moved toward underground governance that is out of the rigid law and range and has developed a unique pattern of internal soft law. However, due to the limitation of the soft law, the regulatory effect is appalling. The weakness of the single regulation of soft and hard law of civil finance shows the third way of system improvement, that is, the reconstruction of the new road with the co-regulation of hard law and soft law. This kind of reconstruction implies private participation and decentralization of social regulation under the wave of new governance, and is specifically presented as a reorganization of the execution innovation and the combination of software and hardware of the civil-software complex.