The Legal Control Of The Credit Risk Of Affiliated Enterprises

For the need of quantitative business of the market economy and affiliated enterprises emerged,to realize the maximization of capital benefits,enhance market competitiveness,reduce the cost and risk of management, the company structure tend to multiple compound shape.With the economic and social credit rule imperfect developing, affiliated enterprises,based on the nature of profit,conducted all sorts of non-market and unfair trade association,then the distorted form of affiliated enterprise appeared.Commercial Banks as the main credit financing institutions,and the market transformation is not complete,for grabbing the credit market, the irrational market competition created,the affiliated enterprises with high credit standing and high financing amount become the commercial bank's target marketing. In the above factors,the affiliated enterprises's credit risk of commercial banks in China had become the main aspects of risk control.When the market is failed in resource allocation,the government should take various measures to guide affiliated enterprise credit to the healthy development.The rule of law is the fundamental to establish a modern market economy system,and also it is the basic rules of the game to maintain a modern market economy system operation effective.When the market economy development and its operation inefficient and injustice.Good laws will balance these two fundamental value from the rational angle.At present,in our legal system the legislation about the credit control of affiliated enterprises is scattered and rough,in the practice,finance and judicature can not get objective and comprehensive guide.Anyhow,the consummation of the legislation on controlling the credit risk of affiliated enterprises is necessary and urgent.We should learn the related experience of the other countries and regions,base on the facts of affiliated enterprise credit risk and the analysis of the legislation,and then work on improving legislation about affiliated enterprise law, the main connection transaction recognition mechanism, information disclosure,and affiliated enterprise bankruptcy, thus making all-round social economic and legal benign interaction.