The Enlightenment Of Japanese Subcontracting Law On Solving The Problem Of Payment Arrears Of Small And Medium-sized Enterprises In China

After the Second World War,the Japanese economy was able to rise rapidly,the subcontracting trading system played an important role.Although thesubcontracting system has many advantages in improving product quality,reducing production costs,and improving the international competitiveness of products,it also faces some outstanding problems.Among them,subcontractors with large enterprises as the main body abuse their dominant position to damage SMEs.The main contractor's rights and interests are the most serious.The main performance is the subcontractor's delay in payment,malicious reduction,and mandatory purchase of services or products.For this reason,the Japanese government has enacted the Law on Preventing Delay in Payment of Subcontracted Funds.The Subcontracting Act regulates the various behaviors of subcontractors who abuse their dominant position.In fact,the abuse of dominant position by such large enterprises is widespread in countries all over the world,such as the accelerated expiration payment law enacted by Germany,the EU's Decree on Combating Delayed Payments in Commercial Transactions,and the US Timely Payment Act.",as well as the Japanese "subcontracting law" mentioned above.However,the law on such behavior in China is basically in a blank state,and the behavior of large enterprises in arrears with the payment of SMEs has gradually attracted the attention of the government in recent years.As an important foundation for a country's economic vitality and health,employment and social stability,SMEs provide more than 80%of jobs in China,contributing 50%of national tax revenue and accounting for up to 60%of GDP,while large enterprises are most likely to default on their purchases.As a result of mutual arrears between the private enterprises,the capital chain is tense or even broken,thus affecting the normal issuance of wages of employees,in the context of the difficult and expensive financing of SMEs,the settlement of the problem of payment in arrears has important economic and social significance.Although the government has issued policy documents and carried out special activities to solve this problem quickly,the long-term solution is to rely on a sound legal system.Therefore,it is extremely important to construct a law that prevents the large enterprises from delaying payment.As a country with special geographical factors in China,Japan has always maintained close ties in the economic field.As China deepens reform and opening up,implements a comprehensive import strategy,and Japanese Prime Minister Shinzo Abe visits China in October 2018,it can be foreseen that economic cooperation between the two countries will further develop in depth,and more and more Japanese companies will come to China to set up factories.Existing Japanese-owned and joint venture companies will also enter a new stage of development.Therefore,China's laws to prevent large enterprises from delaying payment can refer to and learn from Japan's Subcontracting Law,and the Japanese Subcontracting Law needs to understand the background,process,and role of Japan in formulating the law of the Ministry.Do not mention Japan's unique subcontract production system-subcontracting system.Through comprehensive analysis and research,it provides reference and reference for China to formulate laws and policies to prevent large enterprises from defaulting on the payment of SMEs.On the other hand,under the background of China's reform and opening up,especially the easing of Sino-Japanese relations,China will attract more Japanese-funded enterprises to invest in China.The author envisages the abuse of dominant position in this subcontracting system in Japan.Will it appear in China with the increase of Japanese-funded enterprises in China?At the same time,under the background of difficult financing and difficult examination and approval of SMEs in China,the behavior of SMEs being owed by large enterprises has been more common.With the downward pressure on the economy,the government has begun to issue policy documents to solve such problems.The problem,however,is mainly due to the imperfection of the relevant legal system and the lack of social credit system.Therefore,it is a long-term solution to speed up the formulation of a legal system that is exclusive to China to prevent large enterprises from defaulting on the payment of SMEs.Can Japan's Subcontracting Law provide some useful lessons for China's legal system construction,and take precautionary measures to effectively solve the problem of large enterprises defaulting on SMEs' payment and effectively protecting the legitimate rights and interests of SMEs in China?This is the question I am trying to explore.