Research On Our Country Credit Guarantee Legal Mechanism

It is of great significance for Credit guarantee as an intermediary to lead social fund (especially bank credit) to invest in those small and medium-sized enterprises, disposing social resources among the process of achieving the goal of government's economic policy. But encountering with the peculiar legal problems of our credit guarantee, the foresight of current law is inadequate; gaps and blankness of law also exist. These have already become the primary obstacle of credit guarantee's development.The legal system of our country's credit guarantee lag. The legal system of subject is absent. The supervision is also confused relatively. We can perfect the credit guarantee of our country in four aspects, which are the trade admittance, the organization maintenance, the trade withdraws and the government supervises. And those form the right direction, and consolidate harmony and cooperation.In the operation of credit guarantee, the defect of the current legal system is quite obvious. The improper setup of system causes the entanglements of rights and obligations among related parties, and lays a hidden trouble in a great deal of collision of credit guarantee in practice. We perfect a favorable credit guarantee mechanism from the two arrangements, which are concept and system. Constructing the subject legal mechanism, improving risk tackling legal mechanism and ameliorating accessorial legal mechanism are content. We also need to exert the function of every legal system adequately.Risk is the core essential of credit guarantee. Inside the organization of credit guarantee, effectively keeping away the risk can be realized through the system of risk preventing and controlling and the system of the rights separation and restraint complementarily. Outside, sharing risk system between financial institutions and guarantee organizations can balance the interest relationship and confirm the overall share assumed by credit guarantee. Re-guarantee system and reinsurance system make the risk of credit guarantee can be dispersed and settled effectively. Formed by the three systems cooperated and corresponded, the affiliated mechanism is the strong safeguard in credit guarantee organizations replying risk.