Study On The Legislation Of China’s Medium-sized Enterprises Credit Guarantee

Due to our rapid growth of national economy, the number of small and medium-sized enterprises is becoming more and more and more and more important in the position in national economy. In promoting national economic growth, increase employment capacity, enhance social stability and harmony has a positive role. But the growth of small and medium-sized enterprises in our country is not plain sailing, with many restrictive factors, which is seriously hindered the further development of small and medium-sized enterprise financing difficult question. Given the importance of the small and medium-sized enterprises exist, in order to solve the main problems of financing, countries have adopted a same credit guarantee the solution.Same credit guarantee is composed of specialized credit guarantee institutions and Banks and other financial institutions to sign contract with characteristics of guarantee, its own credibility as guarantee, to ensure that the small and medium-sized enterprise smooth access to loans for its own development. The implementation of the measures is dominated by the government, therefore, from the produce of full-bodied flavor of the government, is closely related to the relevant national macroeconomic regulation and control policy. The government in order to ensure smooth and effective implementation of the measures, also formulated a series of related laws and regulations and regulatory documents. Although these related legal protection to a certain extent, also promoted the development of small and medium-sized enterprise credit guarantee industry, but with the changing of society, these regulations are also increasingly appear insufficient, the scope is not enough and so on. Whether from the relevant provisions of the law level, or on the contents of the related laws and regulations there are defects. As long as our country still attaches great importance to the development of small and medium-sized enterprises, more attention must be same credit guarantee, this requires the government to the legal aspects of same credit guarantee industry restructuring, develop specialized in view of the small and medium-sized enterprise credit guarantee legislation, and with the effective related laws and regulations and normative documents, to the development of small and medium-sized enterprise credit guarantee industry.Small and medium-sized enterprises credit guarantee industry in developed countries has developed a mature abroad, such as the United States, Japan, Korea, etc., has a perfect matching of small and medium-sized enterprise credit guarantee of laws and regulations. The author thinks that on the basis of analyzing the legislation system of developed country, combining with the actual situation of our country, our country special legislation on small and medium-sized enterprise credit guarantee can be from the several aspects to consider:first is the selection of legislative model, combining with the condition of our country, more suitable for adopt specific legislation pattern; Followed by the legislation is to grasp the guide, promote and support the small and medium-sized enterprises for the purpose of the healthy and orderly development of credit assurance should be about the objective; The last is about in the scope of legislation specific aspects and so on.Small and medium-sized enterprises (smes) are an indispensable part in modern market economy, small and medium-sized enterprises credit guarantee is the top priority, so not only in the policy reflects the government’s emphasis on its more to the law on the protection of its clear, make the small and medium-sized enterprises in the actual operation of credit guarantee industry really laws, rather than a specious, ambiguous.