The Legal Adjustment For Lending Between Non-Financial Institutions

In the resent 20 years, the scale of private finance is becoming from small to big, developing from the surplus capital into industrial capital and financial capital, and playing an important role in China’s vast rural financial market and small or medium-sized private enterprises financing market. At the same time, because the form of borrowing and their relationship is becoming complex, the number of the borrowing funds dispute sharply increased. From the legislative level, laws and regulations are more dispersed and there are contradictions between different laws and regulations. In judicial practice, the funds lending behavior of the non-financial institutions is not be considered justifiable. The topic of this article is The Legal Adjustment for Lending between Non-Financial Institutions. The author believe that the behavior of funds lending reflect two acts borrow and lend. Discussing these two acts without distinction will lead to confusion. Although the behavior of funds lending reflect two acts borrow and lend, this article will only discuss the lender’s behaviors shall be need to restricted by law.Now the private finance increase rapidly, and the number of dispute increase at the same time, but we have no special law to regulate. This situation makes our judicial practice disordered. This article is divided into three chapters, each chapter is briefly as follows:The first chapter "Legal regulation for lending money", This part begin from the provisions of the existing laws and regulations, according the law effect to write, then from the many different parts to discussion it in order to present the situation of legal regulation for lending money.The second chapter "Lending money are the rights of nature and legal person ".On the basis of the first part,this part rise to the level of legal theory, Present the idea that the funds lending behavior is the person’s and the company’s civil rights.The third chapter "The discussion of recommendations on improving the legal systems of non-financial institution lending behavior ". In this part, the author analyze the point of view that the funds lending behavior should be special legislation and supervision, and rise the point that the behavior can exsit without special legislation and without specialized regulatory perspective.In this article, the author use plenty of facts and the theory of the effectiveness of the non-financial capital lending behavior and its legal regulation to discuss in order to look forward to lead disputes to the right direction.