论民间借贷合同的效力-法学专业论文.docxVIP

第四部分是针对民间借贷合同效力认定中存在的主要问题提出的完善建议。该部分 第四部分是针对民间借贷合同效力认定中存在的主要问题提出的完善建议。该部分 内容是对文中第三部分问题的一一对应，在立法方面和司法方面提出的完善建议都旨在 避免判断民间借贷合同效力时出现的效力状态不明确、效力认定依据不明晰、同案不同 判等问题，同时也希望民间借贷在今后的发展中可以更加规范化。 关键词：民间借贷合同效力主要问题完善建议 IV 万方数据 AbstractPrivate Abstract Private lending existed as an important means of financing since ancient times，but its development is not smooth sailing．After the founding of new China，pfivate lending is substantially canceled and not allowed to exist．And it is considered illegal．But as one of the important means of social financing，private lending is present in any historical period of the market economy and not disappearing due of the repressive policies．In recent years，due to the rapid economic development，SMEs，family businesses and the development of rural industry’demand on capital is becoming more intense．But it is difficult for the small scale of operation and low degree of credit protection to obtain loans from banks and other formal financial institutions．For lack of effective financial support largely from the direct impact on the development of these entities，they had fought in the private lending market，and private lending has thus become increasingly active，become a social hot topics to explore． Admittedly,for the supervision of pfivate lending is not enough，a number of privme lending—related financial crime phenomenon is very common，despite the introduction of a series of legal provisions，there are still various problems in practice，where the effect on private lending contracts，there are still many disputed areas．This paper focuses on the effectiveness of private lending contract Perspective，combined with private lending，privme lending theoretical knowledge validity of the contract，contact the 20 1 5 introduction of the ”Supreme People’S Court on the trial of the case of private lending laws applicable number of issues”，private lending contract conduct a comprehensive study on the validity of,and after analyzing the effectiveness of private lending co