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建国以来第一部全面规范借贷行为的《贷款通则》,于1996年8月1日起正式实施,这标志着我国金融系统实现“两个根本性转变”的进程中迈出了重要的一步,它对维护正常经济金融秩序,对社会主义市场经济体制下金融系统防范信贷风险,提高信贷资金使用效益、改进金融服务、促进信贷市场公平竞争与维护银企双方正当权益将起十分重要的作用。一、《贷款通则》的基本特点一是较强的针对性。这是通则的一个最基本原则,即针对当前贷款中存在的突出问题做出了相应规定。如对有些企业借转制之机逃废银行贷款债务、挪用银行贷款从事有价证券、房地产、期货经营、搞股本权益性投资等、信贷资金用于财政支出、办理贷款程序不规范、银行对贷款申请答复不及时、对不具备申请贷款基本条件的企业发放贷款、贷款展期限制不严、利息计收不规范、异地办理存贷款不规范等一系列关系借贷双方权利和义务的问题作出了明确的规定,既约束了金融机构,也约束了企业。
Since the founding of the People’s Republic of China, the first “General Rules on Loans” to fully regulate lending has come into effect on August 1, 1996, marking an important step forward in the process of realizing “two fundamental changes” in China’s financial system It will play an important role in maintaining normal economic and financial order, guarding against credit risks in the financial system under the socialist market economy, improving the efficiency of the use of credit funds, improving financial services, promoting fair competition in credit markets and safeguarding the legitimate rights and interests of both banks and enterprises effect. First, the basic characteristics of “General Rules of Loans” First, strong pertinence. This is one of the most basic principles of the General Rules, that is, there are provisions for the outstanding problems in the current loans. Such as the transfer of some companies to borrow money to escape bank loan debt, divestment of bank loans engaged in securities, real estate, futures management, engage in equity investment in equity, etc., for the financial expenditure of credit funds, loan procedures for non-standard banks to loans The application does not respond in a timely manner to a series of questions about the rights and obligations of both parties in relation to loans and loans made by enterprises that do not have the basic conditions for applying for loans, the restrictions on the extension of loans, the irregularities in interest rates, and the non-standardization of deposits and loans. Provisions, not only bound financial institutions, but also bound the business.