On The Legal Regulation Of The Borrowing Behavior Of Non - Financial Enterprises

Economic base determines superstructure,with the continue undevelopment of the market economy in our country..lending behavior of non financial enterprises has become an objective existence in the real economic life,however,up to now,the legal regulation of one of the top buildings is not perfect,that there is a certain lag and blank.At the same time,from the current theoretical and specific judicial practice to analyze, different experts and scholars on the non financial enterprises lending behavior of the qualitative, and the legal regulation of the cognition is also different.However, we are in the current market economy for effective regulation and control,as an important category of non financial enterprises, how to achieve the legal rationality of lending behavior,it is urgent to make a research on the legal regulation of the adjustment,to stimulate and promote the healthy and stable development of the market economy.Different areas have different research results,but it’s a bit of a pity, at home and abroad, the research on the legal regulation of non financial enterprises is still in the primary stage.Specifically, whether it is a monograph, the economic law textbooks or the contract law textbooks are rarely mentioned, which is the most content of high repetition rate and a small number of journal articles of Dissertations,however,it is also a different point of view, more is to raise questions and not to solve the problem of the new point of view.This paper is based on the study of relevant literature, the nature, type and the current relevant laws of non financial enterprises, the objective existence of the reality of legal practice and its rationality, such as a sort and interpretation, to define it as the category of private lending. Mainly explain the current situation and experience of the study on the legal regulation of lending behavior among non-financial enterprises in foreign countries,so as to discuss in this area of our country, the research lays the theoretical foundation and the judicial practice experience.Specifically, this paper is divided into four parts:The first part is the basic analysis of the legal provisions and the current situation of the non financial enterprises in our country, this paper mainly expounds the present legal provisions and the types of lending behavior of non financial enterprises.The second part is the reflection on the existing problems of the legal regulation of non financial enterprises in our country, at the same time, explain the question of the legitimacy of corporate lending.The third part is the elaboration of the advanced experience of foreign countries and regional legislation on the lending behavior of non financial enterprises, the analysis and discussion of specific countries and regions.The fourth part is about the construction and improvement of the legal regulation of non-financial enterprises in our country’s thinking and suggestions.In the specific research methods, mainly uses the literature research method, the comparative analysis method and the standard research method and so on,from the perspective of legal norms to the non financial enterprises to conduct a detailed study of lending behavior,in order to better put forward scientific suggestions.Objectively speaking,innovation is one of the academic objective this paper tries to achieve,but it is not easy,in this paper, the author tries to define the related concepts,concise and comprehensive language interpretation, the conception of the unity of the context with the combination of macro and micro methods,on the basis of the basic theory of law and the principle of economic law,to a certain extent, to improve the legal regulation of non financial enterprises lending behavior, but in view of the fact that I have little talent and less learning,to be spoken to a certain extent than already said, hope that through the writing of this article,to speak on these issues on,to ask for advice and generous.