The Legitimacy And Legal Regulation For Lending Between Non-financial Enterprises

In our country,as the economy market is not mature and the banking system is not perfect,small and micro enterprises demand large amount of capital but difficult to obtain bank loans to support the dilemma.So they have to turn to private lending or borrow from other financial institutions.According to the Supreme Court judicial interpretation of folk lending team “Establishing and Improving legal regulation of the credit report”data shows that funds borrowing from enterprises accounted for 61.74% is the main source of small and micro enterprise loan funds.Business lending action solves the problem of financing small and micro businesses play.But in the long-term impact of the planned economic system,the effectiveness of the current legal system of our country is negative the non-financial corporate lending behavior,the judicial practice are identified in non-financial enterprises loan contract invalid.By checking laws and regulations which regulate the behavior of loan between erterprises,the author found that there are conflicts between legal norms regulating the behavior of lending between non-financial enterprises,and in the financial lending business concept confusion,thus negating the non-financial corporate lending behavior effect.However, the legislation and the judicial way already can not adapt to the needs of today’s economic development,enterprise credit behavior should be appropriate to let go.It is based on the folk and academic circles began to call on the loans between the enterprises should be legalized,the court in dealing with the financing between enterprises also began to recognize its’ effectiveness.Throughout the other developed countries and regions have different degree of certain lending practices,non-financial enterprises of the nonvisible,liberalization of financial loans between the enterprises is the trend of the times.This paper discusses the non-financial loans between the enterprises and the legitimacy of the legal system reform,mainly focus on the following four aspects:The first part of the legal regulation of non-financial enterprises credit analysis. First, the existing research mostly confused the generalized concept of non financial enterprises lending and narrow concept,which gives a clear analysis of non-financial corporate lending concept;secondly,from the point of view of the economic background of non-financial corporate lending,focused on the country in the inhibition of financial strategy of the legal regulation of non financial loans between the enterprises, is divided into four stages, showing a gradual strengthening of control from the slow release trend; at last, combing the existing legal norms in our country on the non-financial corporate lending rules and conflict, the main body now ambiguous legislation, judicial interpretation of the conflict and lag three aspects;The second part focuses on the analysis of the legitimacy of the non-financial corporate lending behavior.This article from the legal and financial security and efficiency and the reality on the legitimacy of the four aspects are discussed, that the release of the non-financial corporate lending is legitimate and reasonable. In addition, this paper also analyzes the possible negative effect on release of non-financial corporate lending,mainly from the influence of the stability of the financial order, resulting in tax management confusion, may cause the enterprise to malicious transfer of three funds were analyzed.Finally,in the balance, the advantages and disadvantages of this paper argues that,considering the release of positive effect,non-financial enterprises lending is fully covered its negative effect.Let go of the non-financial borrowing between enterprises is an inevitable trend of the development of the market economy.The third part is the extraterritorial experience non-financial corporate lending model.Firstly,the extraterritorial regulation of non financial corporate lending legislation modes are summarized, that there are three kinds of legislative mode, respectively is the restraint, prohibition and permission exception, in the analysis of USA,Germany and China’s Taiwan region on the basis of the non-financial corporate lending legislation, put forward China should learn from.The fourth part is the most important chapter of the paper,this paper argues that in the non financial enterprises should be on the credit control respectively from the total guiding ideology,legislation, government regulation and industry self-regulation combined three aspects of regulation.Specific approach is to inhibit the financial policy as soon as possible, to inclusive finance strategy,while in terms of management and control shall take appropriate government intervention principle; give up as soon as possible hidden rules of practice,within the existing legal framework by giving the non-financial corporate lending, the difference between the legal status of the financial business and corporate lending and delete some rules and regulations to straighten out the legal logic,so as to solve this problem; in the government supervision and industry self-discipline,establish and improve the access control method can take the registration system,the number of loans and interest rates to control the public power.In addition this paper should help the folk financial autonomy to manage non-financial corporate lending,regulations,establish a sound credit rating system,play a regulatory role in the autonomous trade association to achieve the specific problems of non- financial enterprises borrowing by the articles of association of the company.