我国对民间借贷采取的以主体为标准主观主义规制方式在实践中极易被规避。分析表明,以行为性质为标准的客观主义规制方式更符合客观实际。从实际出发,在审判实践中应当将民间借贷分为民事性借贷和商事性借贷,并采取不同的审判理念。 In our country, the subjective standard of subjective control adopted by the private lending is easily circumvented in practice. The analysis shows that objectivism, which is based on the nature of conduct, is more in line with objective reality. In practice, private lending should be divided into civil lending and commercial lending in trial practice, and different trial concepts should be taken.