On The Design Of Legal System On The Risks Control Of Credit Guarantee For Small Medium-sized Enterprises

The common problem facing different countries of the world is the risks control of the credit guarantee institutions for the small and medium-sized enterprises (SMEs).To solve this problem, many developed countries have set up perfect legal systems which serve for the development of the credit guarantee institution, the objective needs of risk control and the development of SMEs at home. The credit guarantee institutions for SMEs in our country start much later, the capability of risks control is much weaker, and the relative legal system is distempered. Either in the system building aspect or from the practical needs, there is something for us to study further and to draw lessons from the developed countries in their advanced ways and experience by means of comparison and analysis their legal systems, and through combining the situation of our country, to design the legal systems on risks control of credit guarantee institutions for Chinese SMEs.This dissertation includes four chapters. Chapter one begins with the summary of credit guarantee for SMEs, and introduces the juristic character and the representation of credit guarantee risks for SMEs.Chapter two analyses comparatively, and in great detail, about the legal systems of risks control of credit guarantee institutions between the developed countries and our country. It mainly compares from the following six points: supervisory system, funds raising, credit research, quota supervising of guarantee lending, decentralization and indemnity for risks and risks liability. And then it points out our shortages, to refer to the developmental direction of the risks control of the credit guarantee institutions for SMEs.Chapter three points out that there are some problems in the operation of the credit guarantee institution for SMEs, such as those on polyarchy, imcomplete credit system of society, weak capacity of risk resistance of CGI of Chinese SMEs and low-will on the financing of the banks. It also analyses the reason for those problems is that they are lacking of uniform and effective regulatory system and capital compensation mechanism, distempered of the interior risks control system of the credit guarantee institution for SMEs and faulty on exterior risks decentralization and transfer system.Chapter four brings forward the legal system design of risks control of our credit guarantee for SMEs through setting up the nationwide and uniform regulatory system, constituting the capital-compensating system and scientific interior risks control system, consummating the risks-sharing system together with the banks and the reinsurance system.