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随着社会主义市场经济体制不断发展与完善,各类企业对于融资需求越来越迫切,但相对于中小企业发展而言,往往需要利用民间借贷来补充资金链,由于国家对于民间借贷行为的法律规范还存在一些不足,为防止民间借贷纠纷,公证机构开始在承担相应的“中间人”责任。文章从民间借贷意义、概念及特征入手,分析存在的风险因素,结合实际对公证人的责任进行探究,以期获得有益的借鉴。
With the continuous development and improvement of the socialist market economic system, various types of enterprises are becoming more and more pressing for financing needs. However, compared with the development of small and medium-sized enterprises, they often need to use private lending to supplement the capital chain. As the state’s law on private lending There are still some shortcomings in the norms. In order to prevent disputes over private lending, the notary office has begun to assume the corresponding “middleman” responsibility. Starting with the meaning, concept and characteristics of private lending, the article analyzes the existing risk factors and probes into the notary public’s liability in the light of the actual situation so as to obtain useful reference.