On The Perfection Of The Legal System Of The Guarantee Corporation To Guard Against Fraudulent Loans

Due to the impact of the economic downturn, the behavior of obtaining loans increasingly frequent, many small and medium enterprises operating difficulties. The act of obtaining a loan has caused concerns in banks or other financial institutions and Guarantee Corporation. Banks or other financial institutions in order to require the borrower to provide guarantees in the form of loan guarantees, the case will be to cheat all of the risk of the loan to the Guarantee corporation. Therefore, it is of practical significance to explore the legal issues related to the generation and prevention of fraud from the perspective of Guarantee Corporation.In the case of defrauding loans disputes recourse, compared with criminal procedure may indulge crime and civil procedure is more disturbing. The borrower and the common crime because of fraudulent loans crime and subject to punishment, criminal procedure is to solve the problem. But how to protect the interests of the parties concerned and the balance of becoming a problem can not be avoided in cases of fraudulent Loans:the need to protect the interests of the creditors, and the creditor’s rights can be achieved with great concern; if the borrower did not want to bear the criminal responsibility of the heavier, sustenance to guarantee people their share of civil liability, the guarantor is hope of relief or bear the civil liability of the less, the interests of how to break the deadlock, by determining the criminal procedure related crimes, naturally extension to civil proceedings in the loan contract, commissioned the guarantee contract, guarantee contract and relevant anti guarantee with the validity of the problems come up.Through the analysis of a case of the agent, the author thinks that the debtor and the creditors signed the loan contract does not necessarily lead to invalid contract, but to the changeable and revocable contract, whether to exercise the right of revocation, the creditor has the right to choose. If the creditor chooses to require the Guarantee Corporation to undertake the guarantee liability, it shall be deemed that the principal contract is valid, and the guarantee contract, the guarantee contract and the relevant counter guarantee contract shall be deemed to be valid.Defrauding loans secured recourse dispute:complexity, recovery rate is low, long recovery period, the consequences of actions damage the interests of the relevant parties.In recent years, the phenomenon that the debtor of the Guarantee Corporation as a debtor to cheat loan is very common in the past few years. The reason for obtaining the loan is from various aspects. Both the debtor to obtain illegal loans to obtain illegal economic interests, but also the risk control of Guarantee Corporation and banks are not strict. There are defects in the legal level, but also the external supervision legal system is not perfect, and so on.Because the guarantee industry is a high risk industry, and the credit guarantee institutions of our country is not strong anti risk ability, so it is urgent to take measures to prevent the risk of Guarantee corporation. Produced by the case of defrauding loans guarantee company recovery characteristics and swindles the loan crime reason analysis, combined with the status quo, the author mainly from aspects of perfecting the relevant legal system, perfecting external supervision legal system, perfecting guarantee the company’s internal management control system of three aspects of how to prevent acts of defrauding loans risk caused by the occurrence of.In practice, the adverse legal risks to cheat the loan eventually passed to the Guarantee Corporation, to cheat the loan to the Guarantee Corporation losses is heavy, but the risk of the Guarantee Corporation to cheat the loan is to prevent. The continuously to the depth of the advancing of reform of the financial system in our country, the domestic financial market gradually liberalized and foreign financial markets and the gradual integration, the financial sector arise include fraudulent lending practices, including all kinds of illegal and criminal behavior has become affect the major obstacles in the rapid and stable development of China’s financial industry. Therefore, from a micro perspective to guard against fraudulent loans is to reduce the loss of Guarantee Corporation, from a macro point of view to prevent fraudulent loans is to protect the healthy development of the national economy and the maintenance of financial stability.