Research On Legal Problems Of Private Lending Risk Prevention In China's Small And Medium Enterprises

SMEs play an irreplaceable role in relieving employment pressure,promoting technological innovation,maintaining social stability,and optimizing industrial institutions,and are of great significance to national economic and social development.In recent years,the national economy has continued to develop rapidly,and the number of small and medium-sized enterprises has increased sharply.SMEs are facing huge capital needs in the development process.Limited by credit guarantees,it is very difficult for SMEs to obtain loans from formal financial institutions.SMEs have made every effort to obtain bank loans,even on the verge of legal and moral prohibitions.In the context of monetary tightening,private lending quickly filled the gap in the market.For a long time,due to the hidden,scattered and high-risk nature of private lending,blind borrowing has occurred frequently.SMEs have generated many legal disputes and illegal crimes in the process of private lending,and the payment of high interest rates has also been Seriously affected the normal operation of SMEs.The risks of private lending by SMEs are widespread,and the reasons are often diverse,and the situation is different.Therefore,it is necessary to effectively prevent the risk of private lending by SMEs.This paper first defines the relevant concepts of private lending for SMEs,and clarifies the objects and scope of research.Secondly,it briefly analyzes the risks of civil legal liability,administrative legal liability and criminal legal liability arising from the process of lending by SMEs.Thirdly,it briefly summarizes the status quo of the legal system of private lending risk prevention for small and medium-sized enterprises.It believes that the legal system for private lending of small and medium-sized enterprises has a unified legislative system,the lack of special laws for financing of small and medium-sized enterprises,the lag of private lending laws and the lending guarantee model.Problems such as non-standardization,and a brief analysis of the causes of the problem.Finally,according to the problems existing in the legal system for the prevention of private lending risks of small and medium-sized enterprises,some specific suggestions have been put forward from the four perspectives of formulating special lending legislation,establishing a sound supervision mechanism,improving thesocial credit information system,and raising the risk prevention awareness of lending entities.It is hoped that the legal risks generated by SMEs in the process of private lending and financing will be reduced,so as to better promote the healthy development of SMEs.