Research On The Legal System Of Small And Medium—Sized Enterprise Folk Lending Risk Control In China

In recent years, the private lending behavior of small and medium-sized enterprise financing showed a trend of rapid expansion in China, the private lending disputes occur frequently, social harmfulness is great, has seriously affected the financial security and China’s social stability, therefore, the folk lending to small and medium-sized enterprises financing risk prevention and control is a very urgent task. At present in small and medium-sized enterprises in our country folk lending legislation is not perfect, and even blank, causes when the informal lending dispute problem, judicial organs and there in the method, can only refer to the general principles of the civil law in our country or some principled stipulation in the "contract law". China’s existing financial institutions and private loans to small and medium-sized enterprises there are many restrictions, not properly solve this problem, increased social instability factors. It is in this context, this paper tries to from the Angle of risk prevention and control of small and medium-sized enterprises in our country folk lending to study the legal system, puts forward some concrete countermeasures and Suggestions, so as to maintain financial security and social stability of our country.In this paper, the small and medium-sized enterprises in our country folk lending risks were summarized, mainly through to the small and medium-sized enterprises in our country folk lending risks involved in the basic concepts, namely, the division standard of small and medium-sized enterprises, private borrowing and lending to small and medium-sized enterprise folk, A brief introduction of basic concepts; On the current situation of small and medium-sized enterprises in our country folk lending, respectively from the overall situation, the western region of coastal developed regions and underdeveloped economy three angles are analyzed,and sums up the current our country small and medium-sized enterprise concrete manifestation form of folk loan risk; Then, for our current legal system of small and medium-sized enterprise folk lending risk control from the civil legislation, criminal legislation and administrative legislation Angle has carried on the list, analyzing the problems existing in the legal system and what is the cause of these problems, with these problems, the legal system of foreign small and medium-sized enterprise folk lending risk prevention and control are studied, based on the abroad and related areas of China’s small and medium-sized enterprise folk lending risk control legal system comparison, summarized according to the actual situation of our country at present how to solve problems. A part at the end of the article puts forward the countermeasures and Suggestions to solve these problems, by consummates our country small and medium-sized enterprise folk lending risk control of commercial legal system to solve the problem of small and medium-sized enterprises in our country folk lending risk.