| SME plays an extremely important part in the economic development of countries in theworld, but this group in different extent is faced with financing bottleneck problem.Developed countries generally choose to establish SME credit guarantee system to solvethis conundrum. The credit guarantee institution is an institution which operating creditand risk in the SME credit guarantee system，its risk controlling is critical to the entirecredit guarantee system. On the status of China’s development, since credit guaranteeinstitutions appeared from1999, it developed from the pilot phase to become anemerging industry. The government policy has guided agencies toward market-orienteddevelopment, and a one-time injection of funds by the government in the past, and nowthe limited financial allocation is used in other projects to help diversify risk, however,there are also many problems have to be solved. So far, most of our credit guaranteeinstitutions are still weak in strength, less the amount of capital, low utilization, lessprofitable channels, poor cooperation with banks, and their poor ability to control riskplus the difficulty to spread and control risk from other sources. The way use legalmeans to prevent and control these risks, and promote the credit guarantee institutionsinto sound development in order to help smooth the financing needs of SME in ourin-depth research to find a solution. By referring to relative mature legal system abroad,combined with China’s credit guarantee risk control legal system existing problems,against the sources of risk to perfect our legislation is the writing purpose of this thesis.This article is based on the credit guarantee risk for the study, first to clarify theconcept of credit guarantee risk and the related concepts. A brief analysis of the risk ofthree different subjects among the behaviors in credit guarantees and risk conductionmodes between them, determined that this article would describe the legal control ofcredit risk guarantee in depth, mainly from the perspective of the credit guaranteeinstitutions. Then take credit guarantee institutions as the main cited four main forms ofrisks, risks from SME to be guaranteed，risks from credit guarantee institutionsthemselves，and risks from cooperative banks as well as from the external environment.From the perspective of the sources of three risks, this paper further elaborated thenecessity of legal control of credit risk guarantee. The functions of the government lacksthe legal rigidity, the confusing cooperation between Banks and guarantee agencies needmandatory provisions of the law, and the risk of guarantee agencies itself all suggested the importance of the use of legal means to control the credit guarantee risk.Followed by a detailed analysis and evaluation of the United States, Japan, and SouthKorea’s credit guarantee model, money supply mode, the counter-guarantee, theproportion of the guarantee and re-guarantee or other legal risk control measures.Finally, this paper expounded the problems of China’s credit guarantee risk legal controlfrom several points of view, the whole legal system, the legislative level, the legal statusof security agencies, credit investigation system and risk diversification, transfer, andthe regulatory aspects. Based on the developed countries’ experiences and China’sexisting problems，I tried to perfect our credit guarantee risk legal control. I believe thatalthough our country have introduced a number of departmental regulations for SMECredit Guarantee, but the present Implementation of these regulations obviously can notgive credit guarantee institutions better risk control, so we still need to formulate speciallaws against credit assurance. In terms of risk control, the new law will need to improveaccess system of guarantee institutions, open financing channels, and improve corporatecredit investigation and evaluation system, supplement with the transfer anddiversification measures of risks to improve the existing regulatory system. |
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