The Civil Law Regulation Of The Risks Of Sme Mutual Credit Guarantee

SME mutual credit guarantee system practice in China has been carried out in some areas,initial and good results have been produced.However,after making a comprehensive survey on the current situation of SME mutual credit guarantee practice,some problems which are worth discussion reveal themselves.These problems included but not limited to the unsound of internal governance mechanism of SME mutual credit guarantee institutions,the existence in name only of re-guarantee system,and arrested development of counter guarantee system.To be more specific,these problems are in the form of the imperfection of corporate governance structure of SME mutual credit guarantee institutions,imperfection of risk prevention and control measures,singleness in business mode;lower proportion of re-guarantee business,less tolerance on re-guarantee business risks,disordered management in re-guarantee institutions;wrongful usage of counter guarantee methods,and the unreasonable liquidity mechanism of counter guarantee system,etc.This paper is based on the status of SME mutual credit guarantee practice in our country,introduces the risk types at the beginning,and then analyzes the situations and problems existing in our SME mutual credit guarantee system from the civil law regulation perspective.Based on aforesaid analyzation,analyzing and drawing lessons from other foreign countries' beneficial theories and practical operations,combining with the concrete situations in our country,this paper intends to put forward some specific suggestions on the civil law regulation of the risks of SME mutual credit guarantee.The suggestions this paper dedicates to put forth include but not limited to perfect the internal governance mechanism of SME mutual credit guarantee institutions,optimizing of the re-guarantee system and consummation of the counter guarantee system.Specifically,these suggestions include but not limited to perfection of the corporate governance structure,improvement of information disclosure mechanism,establishment of good information communication channels and launching joint and proportion guaranty;increase of the application of proportion guaranty in re-guarantee business,the establishment of endogenous re-guarantee institutions;the innovation on the counter guarantee methods,reduction on the requirement for physical security,the implementation of different counter guarantee policies based on different mutual credit guarantee mode,setting up liquidity platform for counter guarantee subjects,and the establishment of market-driven and professional counter guarantee institutions.