Our Country Small And Medium-sized Enterprise Credit Guarantee Legal Risk And Prevention

The purpose of establishing credit guarantee institutions is to provide financing guarantee for medium-sized and small enterprises, help them resolve "financing difficulties" and spread risk of financial institutions such as the bank. Thus, the guarantee institutions essentially are agencies operating risk. How to guard the guarantee institutions against legal risk, decrease their business risk, increase their ability of resisting and controlling risk, and meanwhile ensure the profits and sustainable development of the credit guarantee institutions, becomes the bottleneck must to be broken though by our country’s credit guarantee institutions.This paper elaborates the origin, definition, characteristics, etc. of credit guanrantee at first. In definition, the academic circles’opinions on credit guarantee and credit guarantee’s definition in laws and regultions are elaborated; in characteristics, this paper points out that credit guarantee functions via credit guarantee institutions, the specialized agencies for providing financing guarantee services for medium-sized and small enterprises, which spreads the banks’risk, stabilizes the financial environment in certain extent, but has weak ability against risk itself and needs supports from government policies.In Chapter II, through elaborating the credit guarantee systems of the Europe, American, Japan, etc., the author explores the systems with distinguished characteristics and excellent effects from the credit guarantee systems of these countries, in order to provide references for the development and improvement of our country’s credit guatantee system.In Chapter III, the author elaborates the development history and present situation of our country’s credit guarantee system and institutions at first, after that, mainly analyzes the main legal risk of our country’s credit guarantee system during legislation and practice, finally, elaborates the main legal risk of credit guarantee institutions during their operation.In Chapter IV, the author suggests solutions for the legal risks summerized in Chapter Ⅲ. In legislation, to improve our country’s credit guarantee system, for example by mitigating responsibilities of the credit guanrantee institutions, financial compensation system, re-guarantee system, social credit system, etc.; as for the legal risk of credit guarantee institutions during practice, it is suggested to establish comprehensive risk prevention and control system to avoid legal risk in the most extent.Finally, pointing at the legal risk of our country’s credit guanrantee during legislation and practice and the suggested improvement solutions, the research conclusion is obtained.