民间借贷法制研究论文摘要

Our country folk financing present situation analysis and the countermeasure studied abstract 2005 the year on May 25, the People's Bank of China had issued "in 2004 Chinese Region Finance Operational report", acknowledged the folk financing validity officially for the first time, and its localization for regular financial supplement strength. At present the folk lent money already became regular financial the beneficial supplement, this kind of situation owed the developed area in the economy to display actively. It usually is refers to the resident personally the credit which and provides mutually to the collective, generally adopts the interest to discuss in person, direct deal way. However the present our country about the folk financing policy, the laws and regulations is deficient, folk financing not yet is under the correct guidance, not only this has contained folk financing further healthy development, moreover as a result of folk financing spontaneity and confidentiality, will also give the money market to bring the stabilizing factor. Therefore, guides folk financing correctly, promotes folk financing to have the vital practical significance without doubt reasonably in our country's healthy development. key word: Folk financing; Present situation; Countermeasure

法律分析：1、民间借贷是一种民事法律行为。借贷双方通过签订书面借贷协议或达成口头协议形成特定的债权债务关系，从而产生相应的权利和义务。债权债务关系是我国民事法律关系的重要组成部分，这种关系一旦形成便受法律的保护。2、民间借贷是出借人和借款人的合约行为。借贷双方是否形成借贷关系以及借贷数额、借贷标的、借贷期限等取决于借贷双方的书面或口头协议。只要协议内容合法，都是允许的，受到法律的保护。3、民间借贷关系成立的前提是借贷物的实际支付。借贷双方间是否形成借贷关系，除对借款标的、数额、偿还期限等内容意思表示一致外，还要求出借人将货币或其他有价证券交付给借款人，这样借贷关系才算正式成立。4、民间借贷的标的物必须是属于出借人个人所有或拥有支配权的财产。不属于出借人或出借人没有支配权的财产形成的借贷关系无效，不受法律的保护。5、民间借贷可以有偿，也可以无偿，是否有偿由借贷双方约定。只有事先在书面或口头协议中约定有偿的，出借人才能要求借款人在还本时支付利息。

法律依据：《中华人民共和国民法典》 第六百六十七条 借款合同是借款人向贷款人借款，到期返还借款并支付利息的合同。

Our country folk financing present situation analysis and the countermeasure research abstract on May 25, 2005, the People's Bank of China had issued "in 2004 Chinese Region Finance Operational report", acknowledged the folk financing validity officially for the first time, and its localization for regular financial supplement strength. At present the folk lent money already became regular financial the beneficial supplement, this kind of situation owed the developed area in the economy to display actively. It usually is refers to the resident personally the credit which and provides mutually to the collective, generally adopts the interest to discuss in person, direct deal way. However the present our country about the folk financing policy, the laws and regulations is deficient, folk financing not yet is under the correct guidance, not only this has contained folk financing further healthy development, moreover as a result of folk financing spontaneity and confidentiality, will also give the money market to bring the stabilizing factor. Therefore, guides folk financing correctly, promotes folk financing to have the vital practical significance without doubt reasonably in our country's healthy development. Key word: Folk financing; Present situation; The countermeasure translates into above writing Chinese, please do not use the translation tool and the online translation, otherwise does not give the minute!

China's civil financing status analysis and countermeasures ABSTRACTMay 25, 2005, People's Bank of China issued the "2004 report on China's regional financial operation," the first official recognition of the legitimacy of non-governmental financing, and its positioning for the added strength of the formal financial. At present, personalized lending has become a useful complement to the formal financing, situation in the less-developed areas appear more active. It usually refers to the collective and individual residents with each other to provide credit, generally interest adopted through negotiation and direct way transaction. However, there are lack of policies and regulations on non-governmental financing and civil financing has not been properly guided,which not only contain the healthy development of the civil financing, but also can give the financial market with unstable factors as a result of spontaneous non-governmental financing and concealment.Therefore,guiding and promoteing the civil financing properly has important practical significance for it ‘s healthy development.Keywords：non-governmental financing; the status quo; countermeasures