| The emergence of inter-enterprise lending is in the context of the deepening of reform and opening up,increasingly prosperous market economy,private enterprise can flourish.Private enterprises are mostly small and medium-sized enterprises,is almost impossible due to the backwardness of China’s financial system led to these SMEs to receive financial support from the formal financial system,the development has encountered financing difficulties of the problem in order to survive only through inter-enterprise financing to solve the shortage of funds.But for a long time inter-enterprise lending in China did not obtain legal status,lack of legal regulation,inter-enterprise lending in the country was the disordered state of development,to bring many uncertainties to China’s financial markets and social development.The research has important theoretical and practical significance of our inter-enterprise lending the force of law and legal regulation.This article consists of three parts.The first part of the background and causes of these problems exist from the inter-enterprise lending,state inter-enterprise lending strictly limited to the historical and practical reasons.Defined through the definition of loan contracts between enterprises and the type of loan contracts between enterprises summarized that the legal nature of loan contracts between enterprises subordinate to the private lending.The second part examines the effectiveness of inter-enterprise lending contract,After combing through the legislative provisions of the laws,regulations,judicial interpretations of different levels of inter-enterprise lending,China has never been any one law strictly deny.Only in the department issued regulations made prohibitions and regulations and not as the basis to maintain the contract invalid.Judicial cases,whether it is recognized that the nullity of the contract or not positive identified the judgment of the validity of the contract is conditional part or even all recognize the legal effect of the contract.Two types of judgments have tended to recognize the inter-enterprise lending contractlegal effect,but all over the court the difference in the form of specific operations.I believe that release the inter-enterprise lending can effectively alleviate the pressure of the financing of SMEs,to solve the problem of shortage of funds.Therefore release the inter-enterprise lending is a general trend,and the legal basis for the legalization of loan contracts from changes in the legislative trend and corporate real demand perspective the justification for the legalization of inter-enterprise lending contract.Reasonable expectations for the legalization of inter-enterprise lending.The third part of the "inter-enterprise lending legal system design." This part of the view that the existing regulatory system is still not effectively guard against the risk of inter-enterprise lending market,open inter-enterprise loans also can not ignore the liberalization of inter-enterprise lending may impact on the financial markets.I believe that should learn the advanced experience of the United States,Hong Kong,combined with China’s actual situation,to establish and improve the relevant legal system.Proposed on the basis of the legal status of the confirmation of inter-enterprise lending,establishment of inter-enterprise lending market access system,borrowing between sound corporate regulatory system,a clear regulatory body,regulatory principles,regulatory content.The article believes that inter-enterprise lending legislation and regulatory timing is ripe,the urgent need to confirm their legal status through legislation and its effective supervision,to guide the inter-enterprise lending to a legitimate,well regulated financial system direction.Inject new vitality to the healthy and rapid development of market economy. |
