The Research On Legal Effects Of Enterprise Credit Contract

Recently, because of the significant changes in the economic system, many of the supporting systems failed to implement or follow-up. As competition intensifies among enterprises, the supply of funds has failed to meet the needs of the production and operation of enterprises for more funds. Meanwhile, some economic enterprises have better control of the extra-budgetary funds. It must be independent and after-tax profits provided the conditions for loans, making them among the increasingly common phenomenon of borrowing.This article defines the nature of the concept and borrowing among enterprises. Preliminary the writer analysis the phenomenon among enterprises based lending. The practice of effective and ineffective identified two modes of enterprise lending. This article summarized the existing law and judicial practice different disposition. State legislature or the judicial departments of the enterprise lending has experienced different stages of awareness from the previous total ban into the current conditional recognition. And judicial practice, a relaxed identified and processed. Some enterprises lending decisions even identified as belonging to the nature of the contract. It is not necessarily as void. Or even as invalid, the approach has undergone a great change. The collection increase from the previous punishment, a loss will definitely into protection of bank interest. With no doubt it is not to imply that the future development of the state enterprise lending contract recognized by the effect of the trend is gradually relaxed conditions control.Through micro-level of corporate finance and investment point of view of business lending, the existence of such borrowing is inevitable. It can solve some extent the current production to meet the urgent need for capital operations. From the macro level to control lending to enterprises to reexamine the original intention, economic transition after the current situation of China's financial system and financial markets led to the problem of financing the enterprise can hardly be resolved overnight. Continue to prohibit enterprises borrowing, there is no practical significance. Such loans to enterprises have become ineffective control system design. On the other hand, with the separation of public and private law, the concept of freedom of contract return business lending has not seriously disrupted the country's financial order, and also to ease the pressure on with the production and operation of enterprises. The system has played an important supplement to the existing bank loans. A state enterprise in borrowing authority under control of the validity of the contract has gradually weakening trend. Meanwhile in the existing legal and regulatory framework, the enterprise has no explicit provisions could deny the validity of the contract between the normal lending. Judicial practice of enterprise lending contract has been annulled by the lack of legal basis. Convicted enterprise lending standards need to re-examine the validity of the contract.Seeing the phenomenon of business lending is widespread, but not legal to a certain extent reasonable. Consideration could be given to business lending to financial institutions for loans as a useful complement to, as soon as possible to be regularized. This article would venture a contract to identify effective for the enterprise lending, for the purpose of engaging in illegal activities to determine some of the exceptions to the judge to void the contract lending business lending effectiveness of the new standard contract.