Study On The Legal Regulation Of Financial Guarantee Companies Of Our Coutry

With the rapid development of economy in our country, financial guarantee companies emerging in the financial sector, for small and medium-sized enterprise financing guarantee and promote the rapid development of our country small and medium-sized enterprises played a major role.At the beginning of the small and medium-sized enterprises in the development in both attracting talent and expand in the demand for money is very strong. But small and medium-sized enterprise financing process is not plain sailing, Banks and other financial institutions prefer strong scale of large enterprises, small and medium-sized enterprises (smes) are denied their lending. For raising funds for development, many small and medium-sized enterprises have to stretched out his hand over the usury, high interest beyond the withstanding capability of the small and medium-sized enterprises, led to the bankruptcy of small and medium-sized enterprises. While financial guarantee companies to facilitate the financing channels of small and medium-sized enterprises. But the financial guarantee company is the loan to the bank for the enterprise to provide guarantee of intermediary organizations, it involved with Banks, funds and other financial institutions, has the characteristics of wide range, wider range of influence. The financial guarantee company financial and guarantee the high risk of financial assurance. High risk of financial assurance requirements from internal and external financial guarantee company in all aspects such as regulation, cannot allow its own development.Financial guarantee companies in China to lack of a strict legal regulation, institution of supervision is one of the weak link, plus the financial guarantee company leadership legal consciousness and risk consciousness is not strong, this makes the financial guarantee company lost the risk of internal control and external legal restriction, caused the financial guarantee company excessive financing guarantee for small and medium-sized enterprises, and financial guarantee companies serious default and bankruptcy, seriously disturbed the financial order.In this paper, besides the introduction is divided into five parts, main content and the core idea is:The first chapter is on the financial guarantee company legal regulation, this paper mainly includes the meaning of financial guarantee companies and to the analysis of the necessity and feasibility of the financial guarantee company regulation.The second chapter is the comparative method in the United States and Japan’s financial guarantee company law regulation, financial guarantee companies in the United States is divided into policy guarantee companies and commercial guarantee companies, regulation of the two have different regulation. American policy guarantee the management of the company by the government, and the commercial guarantee companies tend to be more free. Japan is a credit guarantee system, most adopted is policy guarantee, the business is not developed. The third chapter is analyzing our country current situation and problems of the financial guarantee company regulation. In the boom of financial assurance in our country at present stage, but lack of prosperity under the chaos, all kinds of illegal phenomena emerge in endlessly, serious damage to the development of financial assurance. The problems on the financial guarantee company regulation in China. Legislative regulation level is low, the lack of professional guarantee and the lack of industry regulation and industry self-discipline and so on are the factors causing chaos of financial assurance. The fourth chapter is the financial guarantee companies in China are put forward measures for perfecting the legal supervision. Aiming at lax supervision of the status quo and problems of our country, put forward to improve the legislation level, improve the legal supervision system; Secondly taking risk control integration and big data accumulation and other means to establish risk management system; The last is to strengthen the industry regulation and industry self-discipline.In this paper, the recent hebei melting cast guarantee group events, for example, points out its existing problems and insufficiency, draw lessons from the United States and Japan’s regulation on financial guarantee companies, to improve, strengthen the legal regulation of the financial guarantee companies, prevent the happening of the risk of financial guarantee companies, make our country’s financial guarantee companies can provide a good credit environment for small and medium-sized enterprises, to better promote the transformation and upgrading of small and medium-sized enterprises in our country.