Studies On Legal Regulation Of Credit Within Enterprises' Behavior

Since the reform and opening-up in China for more than thirty years, China's economy has boomed rapidly, especially medium-sized and small enterprises have occupied an important position in China's economic structure, however, a great toughness for medium-sized and small enterprises in their development has been the finance embarrassment due to their small scales, low credit, insufficient guarantee, consequently, it is difficult for medium-sized and small enterprises to get loan supports from banking institution. Therefore, medium-sized and small enterprises can do nothing but pursue supports from non-governmental financing market, which is a beneficial supplement for the national normal finance system, specifically, the non-governmental financing market can reduce the financing dilemma for medium-sized and small enterprises, play an active role for the resolution of Three Rural Issues, the promotion of local economic and private economic development, the insufficiency making-up of normal financing credit, and the speed-up of the social fund flow and application. Credit within enterprises is a kind of fast financing method for medium-sized and small enterprises, which belongs to non-governmental finance. Credit within enterprises relies on non-financial institutions, which isn't in accordance with the national closed financing system, therefore, it hasn't been completely permitted by the government, and effectiveness of the credit contract is looked upon as being invalid, however, such a credit phenomenon has existed for so long, as a reality, it has evolved into an impressive scale. Enterprises have gained effective assistance from credit within enterprises, therefore, the governments should work out how to encourage and regulate the credit within enterprises, however, there is still no relevant laws and regulations are enacted, which, in a sense, is a kind of paradox between fast economic development and backward law.Based on the finance development in history and the relevant system in developed countries or regions, the author find out that credit within enterprises cannot be completely loosened and let it develop naturally, or else, malignant events will outburst, such as American sub prime crisis in 2008, and non-governmental credit crisis in Wenzhou, Zhejiang Province, however, it should be admitted that a restrict control will constrain its development, therefore, how to balance such two kinds of cases will be the key to find out a legal and orderly way to guide credit within enterprises. The thesis concludes six chapters:In Chapter One, the author introduces the theme background, which mainly denotes the outline of China's current credit within enterprises, elaborate the theoretical significance and practical value of credit efficiency within enterprises, meanwhile, the innovation points and limitations will be illustrated in this chapter.In Chapter Two, how to define the credit within enterprises is introduced. In this chapter, the author mainly sort out the definition and characteristics of credit within enterprises, furthermore, analyze the properties that credit within enterprises belongs to non-governmental credit, finally, the author differentiates and analyzes various disguised credit that whether they should be identified as credit within enterprises.In Chapter Three, generation of credit within enterprises and its basic situation is introduced. In this chapter, the author firstly deeply analyze the social basis of the generation of credit within enterprises, search for the deep-level reasons of credit within enterprises, secondly, the author introduces the development of credit within enterprises in China's finance history, that is, from the overall prohibition at the very start to the current loosening; finally, the author introduces the basic situation of the credit within enterprises, including the latest development trend and the probable outcome.In Chapter Four, the legal barriers of credit within enterprises are introduced. Firstly, the author sorts out the laws and regulations and the provision of the credit within enterprises in the judicial interpretation, including the positive evaluation and the negative evaluation. The legal analysis on credit within enterprises will be taken in the second section, on the basis of the civil law, economic law, law and economics, etc. the author attempts to prove that the prohibition on credit within enterprises hasn't conformed to the development of the current economy, therefore, to strengthen guidance and supervision is sensible. The legal analysis demonstrated in this chapter is the innovative point in the paper.In Chapter Five, the development trendy between system innovation and credit within enterprises is introduced. Firstly, the author introduces the legislative situation in developed countries and regions, and focuses on the legal system on credit within enterprises in America and H.K, which attempts to lead a reference for China's legal norms enact. Subsequently, the promising of credit within enterprises has been highlighted for analysis in chapter two, the author points out that it is impossible for a natural development of credit within enterprises in China, however, it isn't sensible to prohibit and restrict its development, therefore, balancing such two cases will be the key to guide credit within enterprises in a legal and orderly way.Chapter Six is the importance and essence in the thesis, in which the legal regulation system on credit within enterprises are introduced. Firstly, the author analyze the rationality of the credit within enterprises and the necessity of the regulation, based on which the author puts forward specific regulative measures, revise and recount the existing legal norms on credit within enterprises, enact corresponding legal norms, make up the legislative blank, improve the supporting system after the credit within enterprises is opened up, all of which aims to make credit within enterprises play its active roles and avoid its active roles.As a reality, credit within enterprises possesses a certain scale, therefore, no official admission on its legality and lacks of prohibition measures on credit within enterprises will necessarily lead into such consequences that the increasing credit within enterprises will be openly illegal. Therefore, credit within enterprises cannot be completely prohibited or opened up; based on admission on the credit within enterprises, the fundamental solution to solve the problems lies in innovating systems, establishing supervision model of credit within enterprises and guide it in a proper way, consequently make it develop in a regular way.