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Research Of The Legal Regulation Of The Lending Practices Among Non-financial Enterprises

Posted on:2014-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:S L ZhangFull Text:PDF
GTID:2296330425979118Subject:Economic law
Abstract/Summary:PDF Full Text Request
Lending practices among the non-financial enterprises has been existing in the economiclife of our country, which is regulated by laws of China disorderedly. Academic research hasbeen not reached a consensus for it which has caused cognitive deviation for the practice oflending practices in the non-financial enterprises and affected the running of the economy andthe vitality of the enterprise. Although there are parts of the High Court is borrowing behaviorconditional release on the non-financial corporate among the legal regulations of lendingpractices in the non-financial corporations in our country, the prohibition of the non-financialcorporate lending practices has not changed much from the entire system of legal regulationpoint of view. Nowadays, we are engaging in the perfection of the market economic systemand the transformation of the financial system in China, but the overall negative attitude of thelending practices of non-financial enterprises and the chaos of legal regulation is clearly notconducive to the improvement of the market economy and further reform of the financialsystem. Lending practices in the non-financial enterprises is not only a matter of the crucialmarket players enterprises, and SMEs which survive the difficulties in the development inparticular, but also about the effective operation of the market economy as a whole. Althoughlending practices are not long-term non-financial enterprises specializing in financial business,it is closely related with the financial, and needs intervention from state. It would causeadverse impact on the market and the economy under improper intervention.To study the legal regulation of the lending practices among non-financial enterprises,which will help us to understand the behavior of non-financial enterprises lending better. Andwe could get a better legal regulation to provide a better legal environment for the marketeconomy.This paper adopts the method of comparative studies, literature analysis methods, as wellas standardize research methods. And it analyzes from the view of the definition of the natureof non-financial corporate lending behavior and the types. It also discusses our current legalregulation of lending practices in the non-financial, at the same time, it tells us we can learnsome extraterritorial experiences on the non-financial corporate borrowing behavior legalregulatory, And under the guidance of a certain value of the concept and some certainprinciples, the author introduce some specific recommendations on the non-financialcorporate borrowing behavior of legal regulation. The article is divided into four main parts:The first part, the concept of lending practices in the non-financial enterprises, the natureand its type. First, It makes a comparative analysis of the concept of the previous mentioned,and the author’s definition of the concept of lending practices in non-financial enterprises;then the author analyzes its nature, and proposes that it is one of private lending; Finally, theauthor analyzes the types of non-financial enterprises lending practices, and makes a newdivision which is different from predecessors’s.The second part, status and problems of legal regulation of lending practices in thenon-financial enterprises. First, it combs the legal regulation of the status quo of thenon-financial corporate borrowing behavior, which mainly contains the laws, administrativeregulations and judicial interpretation of departmental rules and other aspects of the sort; then,it analyzes the problems that the non-financial corporate borrowing behavior legal regulatorysystem exists, it concludes legal regulation uncoordinated non-uniform, non-financialenterprises lending behavior in reality, and there has been a lack of clear legal norms as wellas the prohibition led to the lending practices of non-financial corporations in disguise lendingand evade means an increase.The third part, the extra-territorial legal regulatory experience. analysis from the UnitedStates, Germany, Japan and China’s Taiwan region on the legal regulation of lending practicesin the non-financial corporate experience. The countries and regions mentioned above,although they belong to different Law families, the non-financial corporate borrowingbehavior legal regulatory system experience, such as in civil and commercial matterlegislation of areas on the body and its relationship limited provisions on liability set areworthy of learning by us.Fourth part, the perfection of the legal regulation of lending practices in China’snon-financial enterprises. I believe that from the pursuit of the values, it needs to achieve theunity of freedom, security, and efficiency; I believe that regulation should adhere to theprinciples, such as optimal allocation of resources, appropriate intervention, social standardand economic benefits etc; from the design of specific system, contents which needed toregulate, including borrowing the main relationship limited, sources of borrowed funds,borrowed funds and the proportion of net assets, the use of borrowed funds, borrowingcontract filing and borrowing enterprises and their person in charge of liability set etc.
Keywords/Search Tags:non-financial corporations, inter-enterprise lending, legal regulation
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