| As one of the important social and legal issues, inter-company loan has attracted academic circles’ attention for long time. Generally, there exists inter-company lending in our life. Corporate lending made outstanding contribution to our country’s economy development, complemented the deficiency of formal financial, broke limitations of the narrow financing channel. However, borrowing between enterprises have also led to some problems and disturbed the financial market order. our country’s relevant laws and regulations of inter-company lending has some deficiencies. These relevant laws mainly includes "Company law", "Contract law", " The general principles of the loan " which are not complete and explicit. Lacking of laws leads to corporate lending break away from regulatory and affect the financial order and society stability. At the same time, corporate lending disputes constant for long time in real life.Although there exists inter-company loan in our economy life, our legislation and practice do not admit the legal status of corporate lending. It has been controversial that corporate lending is belong to private lending. Scholars have different opinions, corporate lending is not recognized in the practice of legislation and legal status. The enterprise to the enterprise is not the main body of private lending. What this article mainly explore is how to carry on the legal regulation of lending between enterprises. Mainly, there are the following several aspects:the present situation and current problems of inter-company lending, the significance of corporate lending. In addition,I will provide my own insights about the legalization of corporate borrowing and the legal regulating of the corporate lending in order to have realistic meaning. This article consists of four parts:The first chapter is the basic overview of corporate borrowing. This chapter introduces the basic concept, the main economic and legal characteristics and the main form of inter-company borrowing. Inter-enterprise lending both has equal legal status characteristics, but also has flexible and convenient economic characteristics. In judicial practice, there exists more inter-enterprise loans in disguise than direct inter-company loans. Through the basic understanding and presentation of inter-enterprise lending framework, I hope to pave the way for later insights and recommendations.The second chapter analyzes and reflects the inter-company loan. The first section reviews the laws and regulations of corporate lending. The second section analyzes the practice court judgement of inter-enterprise lending. In practice, various inter-enterprise loans occur frequently, most of the court judgements deny the effectiveness of corporate lending. The third section discusses some existing problems of inter-company loan. The author hopes to explore the rationality of current legal system by analyzing the current situation of corporate lending.The third chapter is the feasibility analysis of inter-enterprise lending. Release the corporate lending has its theoretical and practical feasibility, conforms to the law concept and embodies the principle of contract freedom. The corporate lending legalization has its significance. Not only can it change the traditional single financing structure, but also it is a key factor in the development of enterprises.The fourth chapter puts forward some proposals for improving inter-enterprise lending. From the legislation, the author suggests to formulate special laws and regulations and give full play to the role of current laws. In terms of regulation, regulatory body should be clear. Relevant departments must strengthen the supervision of lending financing source and purpose. |
