民间借贷的法律规制——以市民社会与政治国家的关系为视角民商法学专业毕业论文.docxVIP

1 1 2 2 Abstract In order to prove their personality existed, natural persons will inevitably seek the material object of property separated from themselves to express their personality. Thus, the property becomes the substance undertakers of the personality of natural persons, and it also adequately explains the maxim “no property, that is, without personality”. Private lending which is strongest currency trading in the Civil Society Property Law thoroughly reflects the wishes that natural persons want to express their personality. Private lending basically displays the autonomy and adequately expresses the inner request of civil subject to seek wealth maximization, while private lending as the economic base of the country affects inevitably the existence of the political state, as well as the intervention by political state. Well, in this system, the connection between civil society and political state will determine the development of private lending and affect people’s personality expressed ultimately. However, regarding our country’s economic situation in this stage, the private lending has made great contributions to our country’s economic development. But private lending, in our legislation systems, have neither a clear concept nor a unified standard of judgment, it can’t achieve its constitutional utility sufficiently. Finally, the barrier will be constructed to the personality expressed. Therefore, how to regulate private lending, make the autonomy of civil society in private law highlight, prevent the political state from harmful impact, as well as put a good expression of the personality of civil subject has became the key to explore this topic. I believe that the intrinsic motivation to determine the trajectory of private lending is the connection between civil society and political state. Therefore, the text regards the civil society and the political state as the analytical tools. With a large number of theoretical and empirical analysis, I think,