The Legal Control System Of Chinese Medium-sized And Small Enterprises' Credit Guarantee Risk

Medium-sized and small enterprises in the national economy are important and dynamic forces, their tenacious vitality play a very important role in the economic development of countries. At the same time, this group faces bottleneck of funds in varying degrees. In fact, this problem has become a universality problem in the global Medium-sized and small enterprises'economic development. In order to solve this problem, many countries all provide a range of support in terms of the funds, and establishing Medium-sized and small enterprises'credit guarantee system which is the preferred means to the developed countries. At present, there are about 100 countries in the world which establish their own credit guarantee system. This system becomes long-term access mode to expand finances. The meaning of the medium-sized and small enterprises'risk is unable or unwilling to perform debt service obligations which results the possibility of loss in credit guarantee institutions. Using law to control the risk is one of the key in solving the problem of financing in order to develop credit guarantee industry. The objective existence of the medium-sized and small enterprises'risk is both from Medium-sized and small enterprises'credit risk and the internal risk of credit guarantee institutions also stems from financial institutions and the Government's exposure. There is an urgent need to use legal means to control these risks. The primary task in using legal means which to control the risks is fully learn from the existing legal system abroad. Compared with mature credit guarantee legal risk control system of developed countries, China has set up a credit guarantee system for more than 20 years, and to a large extent from the experience of developed countries. But Western countries are fully in the role of the market system under the premise which works out a series of regulations. So it's undesirable to us. We should take advance legislation experience of the developed countries and build up our own credit guarantee institutions'risk controlling legal system in two aspects, including internal risk control legal system and external risk control legal system. The task to us is to improve our relevant legislation in order to against various types of risk source, and build risk reserve system, sharing risks with the banking system, re-guarantee system and so on. Then we will construct the medium-sized and small enterprises'credit guarantee risk control legal system with Chinese characteristics.