Research On Legal Problems Of Inter Enterprise Loan Contract

Inter-enterprise loan is a product of China's socialist market economy and one of the most important drivers of China's sustained economic development.However,the legal issues involved have become a judicial practice and a theoretical difficulty.Due to the legal hierarchy,for example,according to relevant interpretations and responses of the Supreme People's Court's and the General Rules for Loans of the People's Bank of China's,inter-enterprise loan is recognized as illegal.Meanwhile,there are also courts determining the invalidity of inter-enterprise loan contracts due to the fact that they violate financial order or do harm to public interests,which has led to the phenomenon of “different judgments in the same case” on the issue of determining whether the loans between enterprises are valid or not.Although the judicial interpretation of the private loan promulgated by the Supreme People's Court in 2015 recognizes the validity of the inter-enterprise loan practices that meet certain conditions,it has a low hierarchy and limited regulatory validity,so there are still many problems that need to be resolved.Judging from a normative perspective,China has a negative attitude toward inter-enterprise loan,which has led to that many companies have to face the actual funding needs and the difficult financing environment,thus these companies eventually turned to underground financing channels,which has a bad affect on the stability of the market.By sorting out the existing relevant laws and regulations,the specific circumstances in the practice are clearly defined and analyzed from various perspectives.Besides,from several perspectives such as actual needs of enterprises and the freedom principle of contract,as the restrictions are gradually loosened,it is also necessary to establish a higher level of specialized legal norms and a complete supervision system for a credit monitoring system.This article is specifically divided into the following parts:The first part Research background of inter-enterprise loan discusses the purpose and significance of this research,and elaborates the the current studying situation at home and abroad,the research methods and innovations.The second part is an overview of the inter-enterprise loan activities,which is mainly from the nature,type,three different regulatory periods.This thesis hold a general discussion on the validity of the credit contract between the enterprises.It is hoped that through the understanding and introduction of the basic content of enterprises,the groundwork for the analysis and suggestions of the following text will be laid.The third part mainly comments on the status quo of the legal regulation of inter-enterprise loan in China.By introducing the case,put forward the question,The status quo of the three types of legal regulation,namely the negativity of deciding on the validity of inter-enterprise load,easing,conditional recognition,was combed,and the legality of inter-enterprise loan was analyzed in detail,attempting to abandon the past illegal knowledge of inter-enterprise load.The fourth part mainly analyzes the legitimacy of the loan between China's enterprises.From the perspectives of legal theory,enterprises' own needs,social economics,and promotion in the judiciary and support for judicial interpretation,they are analyzed and demonstrated from various angles,and the legitimate basis for the legalization of enterprise-to-business loan behavior is obtained.The fifth part elaborates on the advanced experience of legislation on inter-enterprise loan of the countries and regions abroad.It analyzes the characteristics of the legal provisions of specific countries and regions,and draws lessons for China from the experience of foreign legislative.The sixth part is mainly based on the experience and needs of our country's practice.Suggestions to improve the relevant systems are put forward: limit the main body of inter-enterprise loan and the source of funds,specify the relevant provisions of the inter-enterprise loan;it should dispel the internal conflicts of inter-enterprise loan,revise the regulations governing the prohibition of inter-enterprise load in the General loan Regulations,and define the stipulations of the Company Law on inter-enterprise load;special legal regulations should be issued in a timely manner;formulate the registration and filing system for inter-enterprise loans;establish credit monitoring system,etc.