Explore The Legal Control Of Financial Guarntee Industry Risk In Our Country

At present,the Small and Medium Enprises(SMEs) in China faces capitalshortage and high business risks,which lead to the financial guarntee institutions(FGIs)to solve the difficulty of SMEs in financing.But, as the new thing of the FGIs havelimited financial resources,and lack reasonable and effective risk controlmechanism,causing many FGIs to face a high risk and high compensation rates whichonly depress the financing guarantee ability of the FGIs but also affect them normaloperation.So the major issue is how to establish effective risk controlling and riskprevention mechanism to provide better service for SMEs credit financing.The thesis is constructed in accordance with the following outline:first of all, theauthor illuminates an overview of the financial guarntee and expounds the risk offinacial guarntee and the reasons.Secondly,through combing the financial guarantee ofthe current risk controlling on the relevant law,the author summarizes rhe existingproblems of the financial guarantee system through drawing on the experience ofother countries. Based on the above,the author put forward the suggestion to improvethe current risk control for the financial guarantee system.In the chapter one,the author gives a brief review of the general situation of thefinancial guarantee, emphasises on the concept,characteristic,legal relationship andcompares the financial guarantee with the guarantee of the traditional civil law tohighlight its unique characteristics and the meaning of existence. In the chaper two, the author analyzes the financial guarantee risks and thereasons,explore the origin sorce of the risk and the final undertaker of the loss.In the chapter three, take the USA and Japan for example,from the angle of thedefense and management of the risk,summarizes the useful experience for reference.In the chapter four, the author focuses on current legislation and practicalexperience of the financial guarantee, and puts forward the shortcomings of the anddefects.Propose the conclusion from building credit evaluation system, strengtheningthe risk of FGIs to promote the internal control, promoting the bank and the FGIscooperate, counter guarantee and re-guarantees.Finally,the author summarizes her oppinions briefly and gets a conclusion.