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改革开放以来,由于市场经济的飞速发展,民间借贷作为一项重要的融资手段也得到了极大的发展。但是由于缺少专门性的法律对其进行规范,民间借贷在自身发展过程中表现出了越来越大的犯罪性异化倾向,极大地妨碍了金融经济秩序的健康发展,破坏了社会稳定。所以现阶段需要我们将民间借贷与非法集资进行区分界定。但是在我国现有经济体制下,民间借贷又有其不可或缺的重要作用,相比于刑法的易矫枉过正,非刑法法律规范可以对民间借贷进行有效规范,使其与正规金融形成“高速双轨”共促发展。
Since the reform and opening up, due to the rapid development of the market economy, private lending has also been greatly developed as an important means of financing. However, due to the lack of special laws to regulate them, private lending shows more and more criminal alienation tendency in its own development process, which greatly hinders the healthy development of the financial and economic order and undermines the social stability. So at this stage we need to distinguish between private lending and illegal fund-raising. However, under the current economic system in our country, private lending has its own indispensable and important role. Compared with the overcorrection of criminal law, the non-criminal legal norms can effectively regulate the private lending, Double track "a total of promoting development.