Research On Legal Issues Of Microfinance Company Supervision

To ease the financing difficulties of the rural status quo, improve the rural financial market, small loan companies with part of the nature of poverty emerged in policy support.From the development point of view, small loan companies appear not only to a certain extent to meet the financing needs of small and medium enterprises in rural areas and make up for the traditional financial institutions lack financing to support its narrow, rural and small and medium enterprises financing to diversify, but also conducive to suppress underground banks and other illegal organization living space.However, due to the nature of small loan companies, on the one hand to take risks as the company to bear, the other is to take the risk when providing loans, than the general corporate and commercial banks, are under higher risk.After so many years of development, in addition to "on small loan company pilot guidance" and "small loan company restructuring provisional regulations on the establishment of village banks" to these two departmental rules and regulations, there is no higher rank legislation microfinance the company.Legislative defect,the regulatory body of the missing, insufficient follow-on funding and other issues and their own particularity combined, severely restricted the development of small loan companies.To solve the problem of sustainable development of small loan companies, we must cultivate the soil can promote the rule of law in its development, starting from the law, small loan companies to improve the legal system, which is promoting the establishment of a sound financial system of great significance.From the current situation of small loan companies, this paper proposes microfinance company legal and regulatory problems, foreign successful microfinance sector regulatory model, suitable for China’s proposed small loan company legal regulatory proposals, has some practical significance.This paper is divided into four parts: The first part of "on small loan company pilot guidance" as a reference, summarized the concept of small loan companies, legal characteristics, and make a brief description of the current development of small loancompanies. The second part analyzes the legal problems of small loan companies and regulatory analysis of the causes. The third part of foreign successful microfinance industry legal and regulatory model, summed up the basic framework of legal regulation, we can learn from the analysis of the legal and regulatory regime. Legal and regulatory issues arise fourth part corresponds to our proposed for small loan company’s legal regulatory system.The author believes that the development of small loan companies so far, fuzzy small loan company is the legal status of the root causes of subsequent regulatory issues, "guidance" does not clarify the legal status of small loan companies, small loan companies in the name of the legal entity the awkward position of the solid line of financial loans, small loan company itself features of a commercial corporation, but also has the characteristics of financial loans, suppliers may be special legal status to legal regulation.Small loan company special status clear legal provider of reference Commission, China Insurance Regulatory Commission, the Commission set up an independent regulatory agency microfinance companies and improve existing laws and regulations rank, improve the regulatory system, the regulatory body that is clear, detailed content regulation Select scientific supervision mode, rational use of regulatory aid, small loan companies to make legal regulatory system more scientific and effective.