Theoretical Reflection and Functional Reconstruction of Enterprise Entrusted Loan System
The enterprise entrusted loan system,which serves as the non-financial agency intermediary business of commercial banks,reflects the innovation of new types of financial products.Enterprise entrusted loan system is the product of the combination of enterprise financing model and financial supervision policy in China.The role of commercial banks in the entrusted loan system is characterized by both the characteristics of supervision and the agent under the obligation of assistance and supervision.There are three fundamental causes for the spread of risks in entrusted loan business.First,the mismatch between rights and obligations of commercial banks.Second,the severed legal relationship of entrusted loans.Third,the fault line between financial supervision and commercial adjudication.This article aims to find answers to the above questions,so as to facilitate the adjustment of rights and duties and the functional adjustment of commercial banks,to achieve a balance of legal relationships and interests in the entrusted loan system,to protect the interests of relevant parties,and to provide some new ideas for preventing and mitigating major financial risks.On the one hand,the dual position of the commercial bank in financial law and civil law causes confusion in the legal relationship of entrusted loan.On the other hand,in practice,the commercial bank cannot play a better role in supervision due to the institutional cracks.Therefore,it is necessary to adopt the perspective of combining civil and commercial law and financial law to regulate entrusted loan.The legal relationship in entrusted loan is a special type of principal-agent legal relationship,which is internally manifested as a bilateral legal relationship of agency,and externally manifested as an open and indirect legal relationship of agency.The difference between the two relationships is essentially in the different aspects of the principal-agent legal relationship under the influence of transaction stages and financial regulations.The extent of risk assumption is taken as the measurement dimension,and the limit of civil liability of commercial banks is set according to the idea of"regulatory obligation","civil obligation"and"civil liability".As the civil liability and administrative liability of commercial banks may coincide in the entrusted credit system,the scope of the liability of commercial banks shall be explored from the coordination approach of"civil liability"and"administrative liability",so as to ensure that the functional roles of commercial banks are not shifted,overstepped or displaced,and to better play out the positive effects of the entrusted credit system.Efforts shall be made to promote the adjustment between legislation and judicial regulation in the entrusted loan system,and to coordinate and complement administrative regulation and financial justice,so as to promote theoretical innovation and system optimization for the system,and to achieve the institutional goals of preventing and mitigating material financial risks.
Entrusted loansRegulation attributesAgent characteristicCombination of civil and commercial law and financial lawGuarding against and eliminating major financial risks
NETL
NSTL
万方数据
维普
