Rural Micro-credit Legal Issues Research In China

Micro-credit in the modern sense of the establishment of the Grameen Bank of Bangladesh as a symbol, today has more than thirty years history of development. As a new means of poverty alleviation, micro-credit has changed the rural poverty alleviation usually rely on government funding and social donation of a single situation, rely on this new credit loans to low income and micro enterprises with small amount of flexible credit services, step by step to achieve a number of projects, the standardization of operation. In China’s rural micro-credit development process, combined with the local rural community environment, give full play to the advantages of flexible poverty, promoting the improvement of the rural financial system, promote agricultural production leap-forward develops, improve the farmers living standard. Of course, with the continuous development of micro-credit project, some problems are exposed gradually:The legal status of the Business entities of the micro-credit has not been able to get legal recognition and protection, a large number of rural micro-credit institutions in operation process in a very awkward position, property right is limited ambiguous, governance structure is loose, credit system is imperfect, make our country rural micro-credit institutions products and development space is extremely confined; the deposit and loan interest rate of hypertension control, excessive intervention of public authority, the absence of the regulatory body and the regulatory approach single are objectively constrained the pace of development of micro-credit.Based on the above problems, the author based on the sufficient research, the current development of rural micro-credit in China the existing problems were analyzed, and the combination of China’s rural financial system and the actual operation situation of micro-credit, put forward a sound legal system of rural micro-credit in China some strategies, so as to promote the sustained, stable, as well as salubrious development of China’s rural micro-credit.The article is divided into three chapters. The first chapter is primarily concerned with the Jurisprudence analysis of micro-credit and the practice and experience of the foreign micro-credit legal system, elaborated the concept of micro-credit, generation, development, nature and significance, depth analysis of the social attributes of the micro-credit, and describes the advantages and disadvantages of some foreign national micro-credit legal system.The second chapter focuses on the current situation of the development of legal system of rural micro-credit in China. Due to the special situation of China, many micro-credit institutions are to rely on government public authority established, there is no clear strategic planning and business objectives, public power intervention led to excessive micro-credit institutions lack of functional independence, but also to make micro-credit institutions in the monitoring system and information management system is weak, resulting in higher the risk of loan rate and default rate. Carefully examines our country existing micro-credit legal system, you will find the existence of many problems, these problems greatly increase the rural micro-credit operation risk, hinder the healthy development of rural micro-credit, is not conducive to China’s rural financial system further improved.The third chapter is about the rural micro-credit in China legal system perfect. This chapter mainly from micro-credit special legislation, supervision system, farmers linked insurance, market interest rate, the relevant supporting measures to perfect the legal system of rural micro-credit in China. At present, we should be the first to establish a special" micro-credit law", with systematic standardized micro-credit development, it will included the legalization standardization of roads. Secondly, the regulatory system, to make reasonable use of our limited regulatory resources, not excessive suppression of micro-credit competition and innovation, in order to establish the China Banking Regulatory Commission as the standard of supervision mode. To achieve the goal in front, the concrete first step is to accelerate our country micro-credit special legislation. To develop a ministry to vulnerable groups to provide financing to facilitate, to promote economic development in poverty-stricken areas, to protect the interests of investors system devoted to" micro-credit law", in order to provide micro-credit sustainable development to provide sufficient legal support. In addition, to develop micro-credit, micro-credit institutions to clear the legal status, to establish a reasonable and clear property rights and governance structure; simplify the peasant joint-guarantee loan procedures, clear the rights and obligations of relevant personnel; improve the credit laws and regulations of the relevant supporting measures, such as the establishment of rural micro-credit subsidy system, agriculture major natural disaster risk compensation system as well as credit evaluation system.