Analysis On Several Legal Problems Of The Small And Medium-sized Enterprises Credit Guarantee In China

At present, a great number of small and medium-sized enterprises have been set up, they have become an important part of our national economy, and play an important role in creating employment post, giving an impetus to economic growth and technology innovation. However, there are many limiting factors of small and medium-sized enterprises development, finances problem in particular difficulty. So, the small and medium-sized enterprises credit guarantee arises at the historic moment. In our country, we have established all sorts of small and medium-sized enterprises credit guarantee organization in the beginning of last century. They have play an important role in solving the small and medium-sized enterprises finance problems.The small and medium-sized enterprises credit guarantee have been developed about one or two hundred years in foreign countries. Compare with it, the industry of credit guarantee start late and have a short history of only about twenty years. There are many shortages in correlative legislation, and constraint the development of the small and medium-sized enterprises credit guarantee. Based on the experiences of foreign legal system of credit guarantee, This paper analyses the present system of credit guarantee and finds the shortages of it, and then tries to modify the legal defects of applicable law by offering several legislative proposals, ensure the small and medium-sized enterprises could fallow the law in operation. Lead the small and medium-sized enterprises credit guarantee to healthy development.This paper consists of five sections:Chapter one summarizes the small and medium-sized enterprise briefly. The problem of small and medium-sized enterprise is the background of having the small and medium-sized enterprise credit guarantee. This paper analyzes the function of small and medium-sized enterprise and the present situation of financing on the base of defining the scope of small and medium-sized enterprise. Through the analysis of financing channel, we can find out the cause to the difficulty financing and the efficient way to solve the problem.Chapter two introduces the small and medium-sized enterprise credit guarantee system. After the fundament narration of the basic theory, it introduces the three farms of credit guarantee and analyzes the function of credit guarantee. Thereafter, it brings in the domestic and foreign small and medium-sized enterprise credit guarantee system.Chapter three compares the small and medium-sized enterprise credit guarantee in different countries and finds out their characteristic, in the hope of gain some experience for the related legislation.Chapter four analyses the current situation of our legal system of credit guarantee and find out the shortage existing in it, such as the delayed legislation and the confusion management, etc.Chapter five proposes several suggestions on the legislation of small and medium-sized enterprise, so as to perfect the current legal system, including amending the guarantee law and strengthen the credit legislation and making the specialized law and so on.