On Economic Law Governing Chinese Security Company

With the rapid development of economy, in order to solve the problem of financingsmall and medium enterprises, the central policy give aid to guide and local governmentsto actively promote, in order to meet the market main body, because in the informationinterests, integrity and related rights and obligations of the asymmetry, market transactionflow generated by the huge security demand, China’s security industry emerge as the timesrequire. Security industry is an emerging industry, has a relatively short history, butdevelops rapidly. A lot of private capital to be activated in the security industry, the surgein the number of commercial guaranty companies, industry commercialize a process to beaccelerated apparently, to promote economic development plays an important role in theconstruction of market economy, become an indispensable important link. Securityindustry in promoting the circulation of funds, enhance social credit, improve theallocation of resources, improve the operating efficiency of the market plays an importantrole in. However, in the imperfect financial system and environment, China’s securityindustry growth process is not healthy, running status is not ideal, the existence of relatedlegislation vacancy, the lack of unified regulation, business operations are not standardized,potential risks, guarantee institutions quantity growth too fast and many other issues, thesecurity industry basically is no rules operation of the state. Security companies as a kindof important guarantee institutions, there are also unknown nature, positioning is not clear,the lack of perfect risk control, the lack of effective external supervision and other seriousproblems, the causes of these problems and the core lies in the lack of perfect laws andregulations, thus needs to legislate to unified regulation and management.This article contains four parts: the first part on China’s security company background,concept, and the development process are introduced briefly, China secured the company isin the2008economic crisis, government to ease the competitive disadvantage of financingof small and medium-sized enterprises and set up. Using the method of comparativeanalysis of domestic and foreign security companies concept, elaborated the author toguarantee company concept understanding, from the security company nature and ourspecial national conditions, on China’s security companies are classified. Analysis of thelegal relationship between security company, security company has emphasized thenecessity and importance of security company, and on the social and economicsignificance, according to the actual situation of our country, our country the development of guarantee company to exploration, promote, pilot and perfect four stages; the secondpart mainly by the method of system analysis from the current regulation, China securedthe company’s relevant laws and regulations, at present stage in the regulation of economiclaw are the four important problems: our country has not formed a unified system ofsecurity company legal system, to guarantee the company’s positioning is not clear, thesecurity company’s supervision legal system is not perfect and the security industry creditsystem is not perfect; the third part mainly introduces the United States, Japan, Italy in thesecurity company economic law legislation present situation, introduced at the same timethe European Investment Fund and the Panamerican surety Association of these twosuccessful guarantee corporation international organization, hope that foreign legislativeexperience to our country enlightenment to our country to guarantee company, thelegislation provides a wide field of vision; the fourth part with the dialectical analysismethod and system analysis method, combine abroad about Tam Insurance company of thelegislative practice, proposed the present stage of China secured the company forEconomic Law Countermeasures: on China’s security company to special legislation,perfecting the guarantee company’s supervision legal system, perfecting the legal system ofthe supervision of security company.Based on China’s security companies regulated by economic law research, draw thefollowing conclusion: must be secured against the company to clear legal position. In aclear legal positioning on the basis of introduction of specialized legal regulation guaranteecompany. On the legislative regulation while supporting the supervisory system, thesecurity company legal system to set up a guarantee system of corporate law. Theregulation of economic law to guarantee company in China is conducive to the healthydevelopment of socialist market economy, to promote stable development of economy atthe same time, but also to solve the financing difficulties of SMEs in China an importantway.