中小民营企业的融资困境催生了民间借贷纠纷的多发。可以说是市场的诉求产生了这一社会问题。究其根本,在于我过目前的金融体制过于僵化,金融监管的法律规范与市场需求有所脱节。要破解这一难题,建立相关制度,要更多地从私法的角度进行探寻,尊重相关主体对于其合法财产的处分权能。本文从民商法的基本原理出发,探求对民间借贷的法律规制。 Small and medium-sized private enterprises financing dilemma spawned a private loan disputes. Can be said that the demands of the market have created this social problem. The fundamental reason is that I have over-inflexible the current financial system and the legal norms of financial regulation are out of step with the market demand. To crack this problem and establish relevant systems, we must make more exploration from the perspective of private law and respect the power of the relevant parties to dispose of their legitimate property. Based on the basic principles of civil and commercial law, this article explores the legal regulation of private lending.