玩笑的英文民间借贷风险中英文对照外文翻译文献

2021年1月22日发(作者：peggy)
民间借贷风险中英文对照外文翻译文献




民间借贷风险中英文对照外文翻译文献







(
文档含英文原文和中文翻译
)




民间借贷风险中英文对照外文翻译文献


THE STUDY OF PRIV
ATE LENDING RISKS
1 The typical reflection of folk lending risk typing method
Risk duality, uncertainty and exposure, suggests that the risk is the contradiction
between
objective
reality
and
subjective
expected
deviating
relationship,
which
induced
by
the
uncertainty
of
objective
existence
is
contrary
to
expectation
of
opportunities
and
possibilities.
In
view
of
the
subjective
understanding
on
the
incompleteness of bounded rationality and objective information, risk regulation (risk
regulation
will
require
the

should
be
to
seek
the
breakthrough
of
methodology to make up for congenital deficiency of subjective and objective, typed
research method is the optimal choice. The reason has this function, because
method introduced broke the
binary
opposition,
and
quickly
became
a
mediation
that
connects
the
two.
To
be
specific,
typed
has
the
function
of
abstract
concrete,
concrete
abstraction
can
get
through the subjective and objective
and subjective, thus effectively regulation risk. Again, folk lending the type is various,
characterization,
its
hidden
risks
also
reveals
the
uniqueness,
therefore,
the
legal
regulating of the private lending risk need to risk types into a cornerstone, to ensure
that the risk system, completeness and effectiveness of regulation.
From the point of the present study, many scholars have used the typed methods
was carried out on the private lending risks., for example, many scholars believe that
the
formal
finance
is
the
deepening
development
of
folk
lending
and
the
result
of
regulation,
investigate
its
root,
in
monetary
financing
ways,
there
were
little
difference. Therefore, typed on the private lending risks in the process of division, can
draw
lessons
from
the
regulation
of
Basel
2,
divide
the
risks
of
private
lending
for
credit
risk,
operational
risk,
market
risk
and
strategic
risk
types;
Also
have
some
scholars based on legal issues existing in the private lending, private lending risks can
be divided into risk of interest rate risk, identity and USES risk; And scholars from the
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民间借贷风险中英文对照外文翻译文献

private law and public law level typed divides, its risk is divided into public law and
private
law
risk;
From
the
financial
system,
financial
regulation
and
financial
regulation to study the three aspects and so on. In a larger extent, the above all kinds
of
risk
classification
method
is
more
based
on
the
characteristics
of
the
financial
industry. It is important to note, however, different sectors, disciplines have different
ways of thinking, focus and value choice, to a certain extent, the risk of the financial
industry classification standard, management standard is not completely accord with
the
requirement
of
risk
been
regulated
in
law.
Typical
folk
lending
typed
partition
method,
most
of
them
from
the
Angle
of
finance
or
the
financial
sector
risk,
more
focused on the specific risks, although have typed in the name of, but no reality of the
typing, which is difficult to realize effective regulation of private lending risks.
In
view
of
the
financial
sector
risk
types
of
classification
method,
this
article
only in Basel on the division of risk types, for example, to prove the risk classification
from
the
viewpoint
of
illegal
learning
bring
risk
regulation
of
the
troubles
and
problems.
From
the
perspective
of
risk
regulation,
the
Basel
agreement

be
divided
into
credit
risk,
market
risk,
operational
risk,
legal
risk,
reputation
risk
and
liquidity risk six types. By many scholars, however, this kind of classification has a
larger
question,
they
think
that
operational
risks
include
legal
risks,
and
to
some
extent, liquidity risk, market risk, including further, many people think of sensitivity
of reputation risk. Therefore, we should put risk is divided into credit risk, market risk
and
operation
risk
three
types.
First
of
all,
from
the
point
of
view
of
law,
the
law
emphasizes
more
on
non-market
risk
regulation.
Therefore,
the
market
risk
can
be
ruled out in this paper. Followed by questions about operation risk definition. In the
new Basel capital accord, the original definition of operational risk is the risk other
than some of the market risk and credit risk, this definition method is fuzzy, lack of
pertinence.
Since
the
operation
risk
is
the
risk
of
market
risk
and
credit
risk,
the
inevitable
requirement
of
market
risk
and
credit
risk
definition
must
be
clear.
Different institutions to credit risk and market risk, however, there are large difference
between the range of designated, it will further increase the uncertainty of operating
risk. Take a step back, even if the definition of operational risk within the financial
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民间借贷风险中英文对照外文翻译文献

institutions is certain, however
different in the regulatory definition of operating risks (regulatory definition might be
more
widely)
a
sense,
in
real
life
for
breach
of
promise
is
the
symbolization
of
credit risk characterization, at the same time, the operation risk is also a manifestation
of the person's behavior, both can be reflected in the behavior, and both can be called
behavioral risk. So, can will be the realization risk, operation risk and credit risk
--,
under the general of behavioral risk types, thus realize the effective regulation of risk.
It
is
obvious
that
the
Basel
agreement
typed
yes
will
be
divided
into
the
risk
regulation institutions for risk regulation and the introduction of the legislative branch
of risk regulation. Of course, I do not deny that the Basel agreement typed on the risk
classification
of
finance,
perhaps
for
the
internal
control
the
risks
of
financial


institutions, meaning is very profound. However, from the perspective of law, finance
or the financial sector to typed the risks of private lending division standard or method
for
risk
regulation
is
slightly
inferior.
Because
of
this,
the
author
will
use
legal
thinking methods of private lending risks are typed, and regulation, the first use of law
on the theory of subjective and objective relationship to private lending risk is divided
into main risk and risk behavior of two types, and then build the folk lending subject
classification
difference
registration
and
classification
guidance
regulation
coupling
double
nested
risk
regulation
mechanism,
to
effectively
regulate
the
folk
lending
subject risk and the risk.
2 The standard of law under the view of folk lending risk typed
and type analysis
As mentioned above, since the legal regulating of the private lending risk from
level typed analysis of law, then it is necessary to study how to make typing? Should
be
typed
as
the
standard
with
what?
Typical
of
the
law

relationship
between
subject
and
object
analysis
method
is
the
best
choice.
From
the
law
of

relationship between subject and object
risk deconstruction as the main body and object risk, then combined the subject and
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民间借贷风险中英文对照外文翻译文献

object risk considerations, its specific performance as follows: first, the law is clear
right and obligation is the most fundamental, most the core elements of the law and
the rights and obligations are to be subject to or not to take to implement the action,
and based on
equal
to
its
statements
and
expressions
of
a
series
of
behavior,
and
behavior
is
indispensable to the risk analysis blindly elements, furthermore, is the inner meaning
of external expression and implementation, lose the behavior of the subject must be
pale, or even non-existent, reality subject cannot , the legal relationship
including
the
subject,
object,
content,
behavior
and
intellectual
property,
etc.)
and
three
aspects
of
content,
has
been
holding
the
legal
thinking
of
the

between subject and object
the legal research, stressed without there is no such thing as the subject and object of
legal norms; Will the relationship between the legal relationship as the plural subject

and behavior. Based on the two points, the author divided the private lending risk as
the main body of risk and risk behavior of two types, and within the framework of
private lending risk type deliberative contents and the causes of private lending risks,
and then realizes the private lending risk typed legal regulation.
Folk
lending
risks.”
Identity
is
vital
for
the
judgment
of
the
risk,
the
risk
of
identity different may lead to the nature of the risk, the risk liability is different, even
decided
to
risk
existence
in
private
lending
activities,
behavior
subjects
include
natural
persons,
legal
persons
and
other
organizations,
and
in
the
different
lending
activities,
different
main
body
plays
a
different
role,
can
be
either
borrowers
and
lenders,
yes
key
is
an
intermediary,
and
risk
Bear
will
also
vary.
In
terms
of
our
country folk lending, folk lending subject risk mainly refers to the folk lending legal
relationship, because the people borrowing between main body and lead to the risk of
inadequate, the folk lending subject because of the lack of legal business licenses is
engaged
in
the
business
of
lending
and
deposit-taking
business,
with
a
legal
qualification
but
beyond
the
scope
of
business,
etc.,
and
the
possibility
of
adverse
legal consequence. Its main performance for private lending intermediary wind risks
and lending between non-financial companies subject two types of risk.
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民间借贷风险中英文对照外文翻译文献

Private lending intermediary main risk Firstly, the natural type body discomfort,
the risk of private lending the middlemen. Does not
involve the third person of the
civil lending between natural person is allowed by law, but now most folk lending by
the
familiar
people
borrowing,
lending
evolved
into
between
strangers
who
type
natural
folk
lending
agent
generates,
and
informal
lending
natural
intermediary
toward specialization. Among them, a lot of natural person no intermediaries to limit
its business on the general introduction of lending or borrowing for range, but in the
absence of fixed in accordance with the procedures to apply for legal license, illegal
engaged in absorb deposits and issue loans and other financial business, easy to cause
the inadequate subject risk problems. Second, the type of legal person private lending
intermediary body risk. In real practice, folk lending middleman present institutions,
the trend of, however, the current laws and regulations have not been to effectively
confirm the legal status of private lending agencies, the rights and obligations is also a

lack of proper regulations, irregularities is very serious, lead to private lending risks
occur.
Risk
of
non-financial
corporate
lending
between
the
main
body
first,
general
borrowing
main
body
between
the
industry
and
commerce
enterprise
risk.
National
ban on borrowing between enterprises and enterprises, if each other to borrow money
and
contract
interest,
the
court
visual
situation
to
confiscation
of
interest
in
accordance with the law, to the other party should be fined equivalent of bank interest,
therefore, easy lending between enterprises due to a lack of lending in the enterprise
qualification and folk lending risk. Second, folk lending institutions, the trend of
folk lending subject including underground Banks, pawn shops, auction houses, small
and medium-sized enterprise financing companies, small and medium-sized enterprise
loan companies, asset appraisal, some basic bank will also become one of the main
body
of
folk
lending
the
folk
lending
subject
has
limited
qualifications,
not
all
of
the
civil
subject
can
become
main
body
of
the
rights
and
duties
of
the
private lending. So, in the folk lending legal relationship, the principal may bear the
corresponding risks due to its own inadequate.
Folk
lending
risk
regardless
of
the
facts
or
legal
actions
are
likely
to
cause,
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民间借贷风险中英文对照外文翻译文献

change and eliminate the legal relationship, and have certain legal consequences. Are
dissimilar, inner concepts,
ideas,
without legal
consequences,

I just due to
express
themselves,
just
step
into
reality,
I
did
not
enter
the
range
swayed
by
lawm
akers? For the law, in addition to my behavior, I am not saving in”. Hegel said,
shall
bear
legal
consequences
can
be
to
people's
behavior.
Any
behavior
inevitably
lead
to
consequences,
but
not
any
behavior
leads
to
legal
consequences.
Private
lending risk is to point to in the implementation of private lending, risk caused by act
of
misconduct
or
biased.
It
is
important
to
note
that
because
of
the
folk
lending
practices of misconduct or biased and the risk, not referring to the folk lending risk all
the behavior main body, but to produce potential risks caused by borrowing risk, bear
the unfavorable legal consequences that may lead to risk subject behavior caused by
the risk. Private lending typical behavior risk is divided into private lending interest
rate
agreed
over
the
provisions
of
the
state
standard
of
risk,
risk
posed
by
illegal

engaged in financial business and malicious borrowing the risk, etc.
Contract beyond the standards of the state interest rates caused by risk according
to the views of Marxism,
own has its inherent law of development”. Illegal engaged in financial business risk
caused by illegal engaged in financial business risk is to point to by the offender is not
in accordance with the statutory procedures approved by the relevant departments, to
the society is not in the name of any particular object of illegal fund-raising, illegal
absorbing public deposits or absorb public deposits in disguised forms, illegal loans
and other illegal behavior and should bear the risk of financial business.




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