Legal System Research On Financing Guarantee Companies In Our Country

With the continuous development of market economy and the increasing number ofsmall and medium-sized enterprises in our country, the financing guarantee companyemerged. After years of development, the financing guarantee companies have begun totake shape in China and develop towards to the specialization, industrialization andcomprehensive. In the process of the development, our relevant legal system offinancing guarantee companies still exist defects. These defects will threat the healthydevelopment of financing guarantee companies in our country. Even related departmenthas released some regulations and measures, which alleviate the situation at an extent,these measures did not solve the fundamental problems. These problems will restrictfinancing guarantee companies’ growth. Based on the status of our country’s legislationabout financing guarantee companies, the author discussed the defects of financingguarantee companies’ legal system. It mainly contains three parts.First, we discuss the financing guarantee companies’ definition, type, function, legalposition and so on. And review the basic theory about financing guarantee companiesand its existence value. So we have a theoretical basis for our discussion on financingguarantee companies’ legal system.Second, from the legislative status of financing guarantee companies in our country, wepoint out some defects of financing guarantee companies in China, such as marketaccess, the internal control mechanism, risk transfer mechanism, external regulation etc.Finally, according to the question in chapter two that we have raised, and combineoverseas’ useful experience with our country’s special condition, this paper give someuseful advices on financing guarantee companies’ market access which involvedshareholders access, business access, personnel access, capital access etc. In addition,we also suggest some ways to improve presenting legal system with the aspects ofinternal governance mechanism, risk transfer mechanism and external supervisionmechanism of the financing guarantee companies.