Small Businesses Of Indirect Financing Of The Plight Of Legal Research

According to the size, we can divide enterprises for Big-sized Enterprises and SMEs that is Small and Medium-sized Enterprises. Comparing with the medium-sized enterprises, small-sized enterprises has their own weakness, such as small scale, high risk in management, low credit, the draggle of interior system, all of which leads to it's financial strait. Considering the difference between the medium-sized enterprises and small-sized Enterprises in character, this thesis particularly discusses the indirect financing strait of the small-sized enterprises. As the development of economy, the small-sized enterprises play more and more important roles in China's economy. However, they are limited by such problems as lending, which is inevitable to hamper the development of economy.After reform and opening-up, small-sized enterprises get swift and violent development; become an important strength to promote the national economic development and social progress of our country progressively. They perform an important function that big and medium-sized enterprises can't do in respects such as creating the employment opportunity, promoting the market competition, promoting technological innovation, alleviating economic crisis, strengthening economic vigor, etc. But in recent years, small-sized enterprises fall into financing predicament, the difficulty of financing becomes the main factor to restrain small-sized enterprises' development. In fact, indirect financing is still main way for small-sized enterprise; the difficulty of financing is mainly due to indirect financing strait. The development of small-sized enterprises can not do without the protection of the law. The small-sized enterprises are the underprivileged in financial market, protecting such a party is just an example of the material justice, which the economic law aims at. So we must set up one a systematic intact, scientific legal protection system. It is necessary analyzing indirect financing strait and origin cause that small-sized enterprises face and probing into the effective way of alleviating the financing strait from the law view. Undoubtedly, this study has a very important theoretic and realistic meaning. The whole thesis consists of four parts.Part one: basic theory analysis on indirect financing of small-sized enterprises. In the part, some relevant basic notions of the small-sized enterprises are given a skeleton description, such as small-sized enterprises, indirect financing and so on.Part two: comparisons of the foreign legal systems about the small-sized enterprises finance. Firstly, this part studies the experience of the corresponding law of indirect financing in other countries, taking the United States, Japan, Germany and Spain as examples and analyses the commonness of these systems, then points out that our country should take over those useful experiences.Part three: analyzing the legal system of indirect financing of small-sized enterprises in china. This part studies the regulations and laws about small-sized enterprises according to the situation of our country. There are causes existing in laws for the methods of indirect financing, which demands our country make relevant law to solve it.Part four: thought of establishing the indirect financial legal system of small-sized enterprises. It is the most important part in thesis. After analyzing some legal principles of indirect financing about small-sized enterprises, such as principle of non-discrimination treatment, this part tries to find the way to solute the financing difficulties about small-sized enterprises and establish a relatively perfect legal system about it. To establish and complete the legal system of small-sized enterprise, the existing law is far from being enough. There needs the complete networks of relevant laws and regulations to be supported. We should study how to be supported by the law, set up a relatively perfect legal system of indirect financing about small-sized enterprises. From the foreign experience, indirect financing of small-sized enterprises relies on the multi-arrangement and multilateral financing system. The measures to resolute the indirect financing strait include the inside system and external environment condition. It refers to the credit appraisal system, the particular government, the policy bank, the joint finance of the SMES, system of loan assurance, irregular finance, etc.