On The Validity Of The Loan Between Non-Financial Corporations

Non financial corporations lending practices, also known for lending between non-financial corporate behavior, is our country folk lending model, is the product of our country socialist market economy and China's economic sustainable development is one of important power.Determination of the effect of non financial enterprises lending has been a difficult point in the judicial theory and practice.Non financial enterprises lending practices, also known for lending between non-financial corporate behavior, is our country folk lending model, is the product of our country socialist market economy and China's economic sustainable development is one of important power. Determination of the effect of non financial enterprises lending has been a difficult point in the judicial theory and practice.Judicial practice, usually based on the 90's last century, the Supreme People's Court of interpretation and response and the people's Bank of China, the "loan general". According to the interpretation of the contract law, the people's court shall establish the laws and administrative regulations formulated by the National People's Congress and the Standing Committee of the National People's court and the administrative regulations formulated by the State Council". "General loan" is the department regulations, can not be used as a basis for the identification of invalid contract. Implementation of the September 2015 of the Supreme People's court the Supreme People's Court on Several Issues concerning the application of law in the trial of cases of private lending provisions "(hereinafter referred to as" Regulations"), the article 11 among the enterprises to meet the needs of production and operation of mutual borrowing behavior deemed to be valid.The "Regulations" promulgated among the enterprises especially to provide judicial protection of borrowing behavior among small and medium enterprises, breaking the theory and practice of complete denial of the validity of corporate lending situation, but it should be noted that the "Regulations" article eleventh only on "corporate borrowing behavior for the production and operation needs" release, absolutely not to enterprise lending between completely unchecked, the system of the present stage and before the relevant laws and regulations summary, comparative analysis, explore the differences and the reasons; typical cases were the Supreme Peoples Court hearing of the non-financial corporate lending behavior, analysis of the impact of factors that effect enterprise lending behavior, thus sure there is justification conditions of openness of corporate lending behavior, the gradual opening of the inter enterprise lending problems, Put forward to perfect the credit system and avoid the risk of the proposal.