A Study Of Legal Problems About Middle And Small Sized Enterprises Financing Guarantee By Means Of Intangible Asset

The difficulty in financing becomes a main obstacle for the development of Middle-and-Small-Sized Enterprise (MSSE) in our country, the fundamental reason of which is the difficulty in guarantee. So the study of financing guarantee by means of intangible asset is the key solution to the above-mentioned difficulty confronted by MSSE.This thesis devotes to study the legal problems of IAMSSE financing guarantee uder the framework of the relationship betweem intangible asset and MSSE development . The introduction, points out the meaning and method of studying legal proplems of IAMSSE financing guarantee. Chapter 1, defines the meaning, function, and types of IAMSSE ,including patent, trademark, copyright, know-bow, good credit, commercial title, etc. The evaluation of IAMSSE prov-ides the scientific guidance for financing guarantee. Chapter 2, studies about legal institution of IAMSSE financing guarantee, Intangible asset should be convertible property right to be guarantee subject. Sometimes the MSSE as the obligee provides counter- guarantee towards guarantor in order to obtain the guarantee from the guarantor. Chapter 3, studies about MSSE financing guarantee agency and credit intermediary service agency. There models can be adopted as MSSE financing guarantee: government established comprehensive financing guarantee agency; commercial guarantee agency following the market operation; inter-help model of MSSE union which provides; common guarantee for the loans of members, Such financing agencies should abide by market principles, and normative and institutional and open operating process, and management and suspension legality. Chapter 4, points out that nowadays the auction and mortgage treatment of IASSE lack of market mechanism, leading to the difficulty of cash transformation, and the obstacle of banks' relates business. The imperfection of MSSE credit system damages the credit reputation of MSSE and thus influences the operation of financing and guarantee fund, Such a problem may be solved by strengthening the environmental training of IAMSSE financing guarantee, enacting and improving related laws, establishing MSSE credit evaluation system and promoting active financing to MSSE by financial agencies. At last ,makes a generalization of the whole thesis and points out the limitation of the study and futuric direction forther study.