Research On The Legal Issues Of Rural Financing Guarantee Institutions

To solve the problem of financing is the priority of developing rural economy and achieving urban and rural development as a whole. In recent years, our country rural financing guarantee institutions is gradually developing and plays a important role in solving the problem of loan guarantee of peasant household and the rural small and medium-sized enterprise, strengthens the function of rural financial services in rural aspects. By the rural market's resource endowment, the accidental in agricultural natural disaster, and the the weak quality of farmers and rural small and medium-sized enterprises impact, the development of rural financing guarantee institutions has many particularity different to the city of small and medium-sized enterprise financing guarantee institutions. But on the point of the development of domestic financing guarantee industry, both external legislation and regulation and internal risk control and prevention, rural financing guarantee institutions has not be treated differently. So, based on the the reality of rural economic development, analyzing the legal problems of rural financing guarantee institutions faced, putting forward suggestions for the development of rural financing guarantee institutions, promoting the development of rural financing guarantee institutions to better, for perfecting the rural credit guarantee system, not only has theoretical significance, but also more practical significance.In this paper, a total of more than forty thousand words, is divided into four parts, respectively analyzes from the summary of rural financing guarantee institutions, the analysis of legal issues, outside experience for reference, and the way to solve the legal problems and so on.The first part Summary of rural financing guarantee institutions. Firstly,compared with small and medium-sized enterprise financing guarantee institutions, rural financing guarantee institutions has a lot of particularity such as the service object is weaker, the risk of business is higher and need more policy support; Secondly, from the perspective of economics and economic law, the necessity of developing the rural financing guarantee institutions is analyzed; Finally, introduces the present developing status of rural financing guarantee institutions in our country.The second part The analysis of the legal problem of rural financing guarantee institutions. Developing rural financing guarantee institutions in our country faces many legal problems, mainly include lack of special legislation of rural financing guarantee institutions, legal status is not clear, the service object of the weak makes it hard for counter guarantee measures to implement, lack of the support of rural financial institutions and related government, regulatory agencies are not clear and incomplete regulatory content makes rural financing guarantee institutions deviate from the value pursuit of service farmers, agriculture and rural areas, etc.The third part Outside the experience of rural financing guarantee institutions for reference. The agricultural credit guarantee system and the system of Japan, the United States, and our country Taiwan area, invariably have special credit guarantee institutions in the service of the rural industry development, through the perfect legal system set the legal status of rural financing guarantee institutions, business behavior, and so on; Government will land, houses, agricultural machinery and so on into the range of collateral, and by offering financial aid to scatter the business risk of rural financing guarantee institutions; Rural financing guarantee agencies and financial institutions form a good business cooperation and risk sharing mechanism, to regulate the development of China's rural financing guarantee institutions provides the beneficial reference.The fourth part The way to solve the legal problems of rural financing guarantee institutions. According to the four questions analyzed in the third part, using the experience of outside, and China's rural reality, on the one hand, improve the system of existing laws and regulations such as the "security law", make the "security law" pays attention to the protection of the rights of guarantee agencies. On the other hand, formulates the "regulations on the administration of rural financing guarantee institutions", set the rights and obligations of the rural financing guarantee institutions and other main body,the banks and guarantee agencies cooperation and the responsibilities of the profession association and relevant legal responsibility and so on. Identified rural financing guarantee institutions as non-banking financial institutions, and innovative way of counter guarantee. Establish evaluation system of the peasantry, formulate the funds subsidies and preferential tax policies. By the different departments for small and medium-sized enterprise financing guarantee institutions and rural financing guarantee institutions to regulate, build differentiated regulatory system, promote the realization of the guarantee agencies of the different characteristics of the target.