The Legal Control Study Of The Operating Risk In Small And Medium-sized Financing Guarantee Corporations

The emergency and development of financing guarantee industry promote thetransformation of small and medium-sized enterprise financing loans, and have greatsignificance to improve the financing environment of small and medium-sizedenterprises and accelerate the prosperity and development of financial industry in ourcountry. However, there are amounts of operating risk in financing guaranteecorporations, especially in those small and medium-sized financing guaranteecorporations, which leads to the instability of the development of financingguarantee industry and is also not beneficial to the stable development of the wholefinancial order. This paper based on this situation, puts forth effort to study theexisting risks in the development of small and medium-sized financing guaranteecorporations, and analyzes the factors of risks, then further puts forward the rationallegal countermeasures of legal control.Firstly, from the aspects of the profiles, the booming development and theimportance of the financing guarantee industry, this article describes the study on theoperating risk of SMEs financing guarantee corporations. Small and medium-sizedfinancing guarantee corporations have their own unique characteristics, as well asnumerous operating risk in their business process. The main risks include the internalrisks from their own corporations, the additional risks from corporations and thebank industry and those from external laws, regulations and policy. Therefore, it is agreat significance to intensively research the existing risks of the financing guaranteecorporations which exist regardless of the small and medium-sized financingguarantee corporations themselves, the healthy development of the guaranteeindustry or on the development of the whole market of financing guarantee markets.Next, this paper analyzes the concrete types, even their performance, and theexisting reasons of operating risk in small and medium-sized financing guaranteecorporations. The paper believes that there are mainly five specific types of legalrisks, they are: honor, operation, policy, economic cycle and legal alteration. However, there are mainly three reasons for the existing risks. First of all, theimperfection of the legal system of preventing operating risk in small andmedium-sized financing guarantee corporations. For example, the legal system is notperfect, the law enforcement and surveillance mechanism is not complete, etc.; Next,the lag of the related supporting system. For example, instruct control of marketaccess, leading to the false registered capital and the imperfect business regulationsystem. The existing of fuzzy region led by the poor supervision makes, theimperfect risk allocation mechanism, the unsound compensating mechanism and thepoor financial environment, etc. Finally, the shortcomings of small andmedium-sized financing guarantee corporations their selves. For example, theconflicts between the scale of company itself and customer credit, the disorderwithin the inner structures, the discharge of the mechanism of supervision andrestriction, the singularity of profitable ways, bigger risk, the detachment from themain business, the surpassing of managing range, inadequacy of professional humanresources and the lag of guild, also some other problemsFinally, there are many problems and risks of financing guarantee enterprisesbeing highlighted in management and operation, but in current stage, the mostfeasible and suitable three aspects are: first, complete the legislation on guardingagainst small medium-sized financing guarantee corporations. To specific is that:first, increasing legislation hierarchy and implementing unified regulation; second,building the unified legal system and strengthening legal supervision; third,accelerating the cleanness and integration of currently normative documents andbuilding perfect evaluation mechanism. Next, perfect the construction of thecorresponding supporting system. To specific is that: first, ending decentralizedregulation instead of establishing unified bodies; second, strengthening theregulatory approval, and gradually perfecting the mechanism of supervision andrestriction; third, making good relations of cooperation with Bank Bear, and gainingmutual reciprocity and benefit; forth, establishing the thorough social creditevaluation system and improving the financial environment; fifth, introducing theforth power and strengthening the credit guarantee. Thirdly, complete the governanceof the small and medium-sized financing guarantee corporations their own. Mainly in that: first, improving the governance of their own and cultivating and training highquality and professional team; second, promoting independent development andplaying the role of industry associations.Through the study of the operating risk in small and medium-sized financingguarantee corporations, it can ensure the healthy development of small andmedium-sized financing guarantee institutions, and provide support to thedevelopment of financial industry, even the whole national economy.