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Research On Legal Supervision Of Micro - Credit Companies In China

Posted on:2016-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:R WangFull Text:PDF
GTID:2206330464455840Subject:Law
Abstract/Summary:PDF Full Text Request
Micro-credit has a long history, because of its poor nature, and the three rural as the service object, to provide loans to low-income groups and micro enterprises, adapted to the economic development of our country. At the beginning of 2005, small loan company began springing up in our country to carry out the pilot work. After 10 years of rapid development, to the end of December 2014, it has more than 8000 small loan companies. Due to its “only loan does not exist” characteristic, so its capital replenishment problem caused the attention that China’s private capital is adequate, the small loan company to the huge potential of the deep folk capital, maximize the maintenance the folk capital market stability, private capital control a lot into the usury, underground banks and other organizations, to regulate the private capital.However the rapid development at the same time, also exposed a lot of problems, such as legal supervision low in rank, regulatory body is not clear, supervision contents are not specific, internal self supervision lack of. These problems lead to supervision of the small loan company’s efficiency is low. So it is necessary to supervision of small loan companies, contribute to the prevention of small loan companies operating in the flow risk, operational risk and moral risk, to protect investor interests, achieve the goal of poverty alleviation, and maintenance the Small loan companies financial innovation achievements. The small loan company is a part of the micro-credit institution. This paper introduces the regulatory practices of developed and developing countries and other countries micro-credit most is provided by the traditional commercial banks and other formal financial institutions, and micro-credit in China provides a subject, because of the special situation and economic development, the experienced process from traditional commercial banks to small loan companies. The nature of the small loan company belongs to the non banking financial institution, the study of foreign micro-credit supervision and practice experience, in order to supervision of the small loan company in our country has certain reference significance. But usually micro-credit size larger, higher level of development of the country, are generally means of supervision more scientific and regulatory system more reasonable, regulatory direction more clear, generally set the special policy and law, constructs the effective supervision system, a clear regulatory body. But we should also see the difference of micro-credit institutions of other countries and China’s small loan companies.So in this paper, combined with the characteristics of micro-credit and small loan company’s own characteristics, from the aspects of subject, content, basis and auxiliary measures such as a sound regulatory, multi pronged approach, and puts forward suggestions on how to perfect supervision, suggest a clear regulatory body for China’s small loan company, detailed content of small loan company supervision, sound the petty loan company’s market exit supervision system, perfect legal system of the small loan company supervision, and put forward a new idea about the daily supervision, and strive to the healthy development of small loan companies play its economic and social effect.Many provisions of laws and regulations and departmental rules in this paper will be the reference, for content regulation of small loan company has “local guidance”in different provinces and the specific formulation, the small loan company legal supervision, reference to the “specific rules of the people’s Republic of China Banking Supervision Law” the introduction, the administrative penalty power, citing “legislative law” and “administrative punishment law of the people’s Republic of China”, the introduction of small loan companies, bankruptcy, dissolution of restructuring market withdrawal system, from the “PRC Company Law”, “PRC Enterprise Bankruptcy Law” and “village bank management Interim Provisions” and other specific provisions.
Keywords/Search Tags:Micro-credit, Small loan company, Legal supervision
PDF Full Text Request
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