A Study On The Legal Regulation Of The Lending Of Non Financial Enterprises

Money as a general equivalent can be and any kind of commodity trading, the collection of money for the legal system to be the main body of the enterprise can be the blood, the development of enterprises can not be separated from the support of funds. As one of the forms of corporate financing, the inter enterprise lending behavior has been denied by our country’s legislation and judicial practice, but even so, the inter enterprise lending practices in practice is still repeated. Therefore, we need to review the history of the legal system of the inter enterprise lending behavior, and reflect on the legislative status and the validity of the contract.The definition of inter enterprise lending behavior is that both parties are non financial institutions. There are three characteristics:the main body is complex, the form is diverse, the nature of the special characteristics; in addition to the general sense of corporate lending, there are four kinds of special inter enterprise lending behavior, namely pawn loans, small loan companies, foreign investment enterprises to foreign enterprises, corporate finance and corporate finance group.Review of the status quo of the legal regulation of the inter enterprise lending in our country. The laws and regulations of the enterprises in our country are analyzed, and the problems of our country’s enterprises are analyzed. We will find that our country has no restrictions on the ability and the ability of the non financial enterprises. To make the restriction of legislation is the legislation of administrative regulations, from the financial order and macro control, credit funds security and long-term development of enterprises three angles, thus prohibiting the inter enterprise lending behavior; from the mandatory provisions of law and regulations and damage the social public interest two angles to the existing inter enterprise loan contract effectiveness of the identification of reflection. There are no illegal issues in the two aspects of the enterprise’s credit behavior. There is legitimacy of the inter enterprise lending, it should be legalized. From the current situation of China’s enterprise financing, the legitimacy of the lending practices, including bank credit financing difficulties, China’s bond market is not developed, the Chinese enterprises listed in the standard three aspects; from the perspective of legal analysis of the legitimacy of corporate lending, including corporate property rights of the exercise and the basic concept of private autonomy in two aspects:from the perspective of transaction costs to confirm the validity of corporate lending.The behavior of the legal business will become an inevitable trend. From the situation of our country, we should gradually transition to the restriction of the restriction of the enterprise. In the process of establishing the legal system, we should set up the boundary, which includes the nature of the loan, the risk of the loan, the interest of the creditors and the interests of shareholders.