Legal Problems Of Small Micro-enterprise Private Lending

Since the reform and opening up, small and micro enterprises have become the high-speed market to promote economic growth in an important force. However, due to the small and micro enterprises lack the strength and guarantees, is difficult to obtain financial support from the formal financial institutions, and had to turn to private lending field. In the private lending to small micro-enterprise financing to facilitate the same time, we should not ignore the legal risks it brings.Clarify the basic theory is the starting point to solve the problem, the definition of the concept of small businesses and private lending, the status quo, features and other aspects of the problem must first be considered. On the basis of analysis of relevant theories, combined with the current status of legislation in the financial system, from a legal perspective on small businesses and private lending to analyze the problem: public law ill-defined, has not yet developed specific legislation, the regulatory body and the absence of serious regulatory regime, service agencies and credit guarantee system, the legal system is not perfect. In order to find countermeasures, the United States and outside of Japan, for example, were introduced legislative systems of both countries, institutional settings, credit system and other related content, summarize its enlightenment to our relevant systems on this basis. In order to build and perfect the legal system of private lending of small and micro enterprises, put forward some feasible suggestions: First, the level of public law in private lending and illegal fund-raising clearly the boundaries of sin; secondly, to further build standard system-related legal system, establish the basic principles, the development of special specifications, modify and refine the existing laws and regulations; at the same time, improve the small micro-enterprise financing services private lending institutions and service system; again, the establishment of small and micro enterprises plural private lending supervision system; finally, accelerate the construction of the credit system and improve the small and micro enterprises credit guarantee system for private lending.