China's Small And Medium Enterprises Credit Guarantee Of Legal Control Of Risk

Healthy and rapid development of Small and Medium Enterprises ( SMEs) is important for our economy. However, when SMEs apply for loans to the banks, there are the disadvantages of higher frequency and small amount of high cost of single application. The developing SMEs often lack sufficient initial assets and are full of business risks, which make a special credit guarantee to SMEs institutions have to face higher operational risks than other financial institutions. Meanwhile, China's SME credit guarantee institutions have limited financial resources, and lack reasonable and effective risk control mechanism, causing many security agencies to face a high risk and high compensation rates which further depress the credit guarantee institutions guarantee to provide SMEs with loans. So the major issues are how to establish effective risk controlling and risk prevention mechanism, and improve the credit guarantee institutions'abilities to control risk and reduce the compensation rate of guarantee agencies.The thesis is constructed in accordance with the following outline: at first, the author illuminates an overview of the credit guarantee and analysis its legal relationship, and clears the object of this study and the main body involved; Secondly, starting from the risk of credit guarantee in its pathway, the author makes research about the sources of risks and the ultimate bearing the body; Thirdly, based on the above, through combing the credit guarantee of the current risk controlling on the relevant laws, regulations and practical experience, the author summarizes the existing system and exists problems and defects in a comparative way through drawing on the experience of other countries. It focuses on the operation of credit guarantee institutions, and the counter-guarantee, guarantees and risk sharing mechanism and then conducts research to improve our current risk control for credit guarantee legal system.In chapter one, the author analyzes the general situation of the credit guarantee and compares it with the guarantee of the traditional civil law and analyzes its own unique characteristics to determine the object for the following study. In the following parts, the legal relations involved are analyzed, and risk analysis in the following factors to be considered.In chapter two, the author analyzes the credit risks and their pathway, this source of risk and loss of the ultimate commitment to the principal, laying the foundation for the following specific risk studies and improving the control system;In chapter three, the author analyzes the useful experience of other countries in the comparative way.In chapter four, the author focuses on the credit guarantee of the current laws and regulations related to risk control and the practical experience, proposing problems and defects in the existing system; and proposes the conclusion from selecting the credit guarantee system, the operating mechanism of the credit guarantee institutions, counter guarantees, re-guarantees and risk-sharing mechanism.Finally, the author summarizes his views in this thesis and comes to a conclusion.