我国民间借贷日趋活跃,借贷规模不断扩大,已成为中小企业的重要融资渠道,它在一定程度上弥补了我国正规金融的不足。另一方面,民间借贷由于疏于规范,其无序发展存在着较大的风险隐患。本文从民间借贷的问题出发,在分析其法律规制缺陷的基础上,对引导民间借贷走回法律正轨进行了探析,并就立法所牵涉的规制范围、利率管制、准入机制、监管体系四个重要方面提出了一些看法和对策。 With the increasingly active private lending in our country, the continuous expansion of lending has become an important financing channel for SMEs. To a certain extent, it has made up for the lack of formal finance in our country. On the other hand, due to the lack of standardization of private lending, there is a big potential risk in its disorderly development. Based on the analysis of the defects of the legal regulation, this paper analyzes the guidance of private lending back to the legal track, and analyzes the scope of regulation, interest rate control, access mechanism, regulatory system Important aspects put forward some views and countermeasures.