Study On The Legal System Concerning Of China’s Market Access For Micro-finance Institutions

Micro-finance company is a product of financial innovation, started lately in our country, developed rapidly. The domestic financial environment supplies the micro-finance company with abundant sources. From the small micro enterprise financial needs to personal consumption credit needs, from the money supply in rural areas to urban flow of the financial support, micro-finance company, with its small amount, loan fast, short cycle of flexible management pattern greatly meet the requirements of these financial resources demanders of funds, and provides abundant financial resources, promote the financial resource allocation fairness, improve the allocation efficiency of financial resources, financial markets brings out the multiple stratification, diversification, diversification of stable development. However, with the rapid development of micro-finance companies and important role compared with the national government to provide the legal system of form a complete set slightly backward, in market access link, is particularly prominent. To micro-finance company regulation in our country at present the highest legal effect file for with the Chinese banking regulatory commission jointly promulgated by the people’s bank of the guidance of small loan company pilot, around and coming out on the basis of its local regulatory documents, through to the supervision and management of small loan companies and promote the healthy and stable and orderly development. However, local governments in order to avoid the risk of their own, and may produce financial risk, in the small loan company access for overweight, step by step up layer upon layer, and makes should be flexible to operate, convenient small loans to the growth of the company being confronted with excessive regulation, financial activities are becoming more and more difficult. Regulatory controls movement that maintain a certain degree of market order smoothly, however, it is also directly contributing to the large number of the exclusion of private capital in the financial markets, financial indirectly harm the vulnerable groups for the rights of financial services, contributed to the financial resources allocation of inequality and injustice. Look from the long-term development of the financial markets, overly strict admittance regulation also set a dangerous precedent for the occurrence of financial risk.How in access to micro-finance company regulation, promote the orderly and healthy development, the private capital to enter the market can not caused by identity discrimination, local protection must be market access restrictions, at the same time, real economic strength and management ability of the market main body to enter the market, for the financing needs of small enterprises and individuals to provide timely supply of funds, give play to the role of micro-finance company should have the market, as a system supplier, legal practitioner, market regulators must respond to the question, this is the system design, and legal problems. Therefore, it is necessary from the market access system of the examination and approval organization involved in regulatory authority, the registered capital of the basic requirements, investment subject access restrictions, management, personnel qualifications to examine the current legislation of trouble, and to analyze its behind offset regulation value, excessive government intervention and self avoid cause of risk. The micro-finance institutions access regulation in draw lessons from foreign related legal system, on the basis of summarizing the experience and combining our country’s legal and social environment, from the perspective of financial fairness, optimization of micro-finance companies market access legal system, ensuring safety and high efficiency of financial resource allocation.