A Study On The Legal Issues Of Risk Prevention Of Financing Guarantee Company

In order to effectively alleviate the financing difficulties of small and medium-sized enterprises,improve the financing service system,China's financing guarantee companies followed.The existence of financing guarantee companies has effectively alleviated the financing difficulties of small and medium-sized enterprises,and has played the role of a bridge linking small and medium-sized enterprises with banking financial institutions,not only enhancing the credit of small and medium-sized enterprises,it makes up for the shortage of credit of small and medium-sized enterprises and meets the requirement of risk compliance of banking financial institutions,which plays an important role in the rapid and sustained development of small and medium-sized enterprises.In the course of operation,the Financing Guarantee Company takes on many risks,such as risk transfer,moral credit,compliance management,etc..However,at present,China has not formulated any law specifically aimed at the operation and risk prevention of the financing guarantee company,and it is difficult to meet the actual needs only by relying on administrative regulations,departmental regulations and other normative documents to prevent its operational risks The legal problem of the operation risk prevention of the Financing Guarantee Company has become the focus of the theoretical and practical circles.In order to better play the important role of the Financing Guarantee Company in the development process of small and medium-sized enterprises,combining with the problems existing in the actual operation process of the Financing Guarantee Company,Legal Analysis and preventive suggestions,etc.This article on the financing of the company operating risk prevention of legal issues were analyzed.The thesis consists of five parts: the first part,based on the research background and significance of the thesis,and combined with the domestic and foreign situation to make a brief introduction to the domestic and foreign research.The second part,based on the basic situation of the Financing Guarantee Company,defines the concept of the financing guarantee company,that is,the financing guarantee company is established for profit,according to law An enterprise legal person mainly engaged in financing guaranty business has two organizational forms: a limited liability company and a joint stock limited company.Then,it analyzes the characteristics of the Financing Guarantee Company's operating risk,that is,the passivity of risk response,the objectivity of risk existence,and the relativity of risk occurrence.In the third part,the legal problems caused by the operational risk of the financing guarantee company are analyzed.Firstly,the risks and causes in the operation of the Financing Guarantee Company are simply analyzed Including the low level of legislative effectiveness,the status of bank guarantee cooperation is not equal,anti-guarantee measures can not be implemented,moral credit risk,employees operating risk,compensation risk,etc.Secondly,it raises five aspects of legal problems caused by the operational risk of the financing guarantee company,including the lack of special legal support for the normal operation of the Financing Guarantee Company,and the excessive contractual obligations undertaken by the Financing Guarantee Company,there are some defects in the right of priority compensation,which makes it difficult to hold the related persons legally responsible.In the fourth part,the author gives a brief description of the legislation of risk prevention of the financing guarantee companies in foreign countries,especially in America and Japan.The fifth part puts forward the legislative status of the operation of the Financing Guarantee Company and the suggestion of risk prevention.Firstly,the legislative status of the operation of the Financing Guarantee Company is summarized Secondly,it briefly describes the deficiency of the legislation on regulating the operation of the Financing Guarantee Company in China,and finally puts forward some suggestions on risk prevention of the Financing Guarantee Company It includes gradually establishing a normative legal system of financing guarantee,clarifying the status of the main body of counter-security right of financing guarantee company,establishing a risk-sharing mechanism for bank,perfecting the system of punishment for losing credit,perfecting the system of compensation and dispersion of risk.