The Study On Legal Issues Of Sustainable Development For Micro-credit Company

“only loan does not deposit ",Micro-credit company as a innovation of Chinafinancial system is a useful complement to the formal financial system, and thespecific performance that micro-credit transfer from welfare to institutionalism, is away that the organization of micro-credit realize commercial. Since2005the pilot ofMicro-credit company has been set up in our country, it has experienced seven yearsand has a vigorous development, its strong development momentum not only provesitself’s rationality, but also shows its important role in the development of Microcompany and the construction of New countryside. But with the depth practice of themicro-credit company, more and more problems have been exposed, especially theproblems of the legal system, has become the obstacle of sustainable development.For the Micro-credit company’s sustainable development and its unique role’s betterplayment, must solve the problem of legal system first, and foster suitable legalsystem environment for its development.This paper make the sustainable development of micro-credit company as thestarting point and destination, Analyze the legal problems deeply which Micro-creditcompany facing. This paper has been divided into five parts to study:In the first part, the author proceed the concept and characteristics ofmicro-credit company from its meaning and purpose. On this basis, analyze thepossibility of the sustainable development of micro-credit company, and put forwordthe conditions of sustainable development.In the second part, the author demonstrate the background of micro-creditcompany first from three aspects, they are the trend of International Microcreditdevelopment、the policy of financial reform and innovation in China、the hugedemand of financial markets of China and potential private financial supply; Next,followed by micro-credit company expand nationwide pilot in2008, summed up thetwo stages of development since the pilot of micro-credit company set up in China at2005; Finally, the author analyzes the main problems of the development ofmicro-credit company.The third part is the core part of this paper, in this section the author analyze anddemonstrate the problems of the legal system which micro-credit company faced in sustainable development. By the analysis to various existing legal systems ofmicro-credit company, including the law such as the Company Law and the ContractLaw、the regulatory such as departmental rules、local government regulations anddepartmental normative documents，The author thought that the law which adjust themicro-credit company also stay in the regulatory level. Even the most important "micro-credit company pilot guidance", its nature are departmental normativedocuments, because its rank is too low, leading to "Company Law"、" AdministrativePermission Law" has conflicts on the content, so that the micro-credit company havebeen wandering at the edge of the policy and law. Many provisions don’t have thebasis in the law, and there are some problems in the content of these regulations andnormative documents.Such as the fuzzy law position of the micro-credit company、too low access conditions、 the dispersion provisions of the shareholding structure、the chaotic regulatory system、the exit mechanism lacking, all of these legal problemsbecome the obstacles of the sustainable development of micro-credit company.At the end of the paper, that are the four and five parts, the author analyze thesuccessful model of international microfinance first,and summed up the successfulexperience which to be worth our country to draw lessons, then demonstrate thenecessity of the sustainable development of micro-credit company. On this basis, fromthe macro, meso and micro level analyze the basic concept which China’s micro-creditcompany should adhere to improve the legal system, and put forward specificlegislative proposals.