Research On The Legal Issues Of Credit Guarantee Institutions Of Small And Medium-sized Enterprises

At present,small and medium-sized enterprises play an important role in China's economic development,but they often encounter financing difficulties.With the help of government policies,small and medium-sized enterprise credit guarantee institutions emerge as the times require to supplement the credit degree of small and medium-sized enterprises,improve the probability of their successful loans,and guarantee the expansion and development of small and medium-sized enterprises.With the continuous promotion of the construction of the rule of law in our country,all walks of life,especially the industries with late start and relatively low development level,need to gradually improve legislation and supplement supporting systems in the legal level,as is the case in the credit guarantee industry.As the core participant in the national credit guarantee industry,the improvement of the legal issues involved in the credit guarantee institution of small and medium-sized enterprises means the improvement and development of the credit guarantee industry.For this purpose,this paper discusses the legal issues of the credit guarantee institution of small and medium-sized enterprises.The credit guarantee of small and medium-sized enterprises is a guarantee contract signed by special credit guarantee institutions and financial institutions such as banks.It takes its own credit degree as guarantee to ensure that small and medium-sized enterprises can obtain loans smoothly for their own development.As the main body of the market,the guarantee institution plays an indispensable supporting role in the market economy.As a civil subject,it bears the external responsibility.In the process of operation,it has many legal relations and legal problems with commercial banks and insured SMEs.The guarantee law of our country does not stipulate the guarantee behavior of guarantee institutions separately.In the guarantee law,the legal relations of counter guarantee,guarantee and other guarantees are adjusted.In the process of business development,guarantee institutions sign contracts with foreign parties according to the relevant provisions of guarantee law and contract law,perform guarantee obligations and exercise recovery rights.However,from the legislative point of view,China's security agencies and credit guarantee worth of the relevant legislation and supporting legal system,the progress is relatively slow,which also leads to many credit guarantee agencies are out of the state of loss.In order to make the credit guarantee institutions healthy and sustainable development,it is necessary to study the relevant legal issues of SMEs credit guarantee institutions.No matter from the legal level of relevant provisions,or from the content of relevant laws and regulations,there are defects.As long as our country still attaches importance to the development of small and medium-sized enterprises,we must pay more attention to the credit guarantee of small and medium-sized enterprises.All these require the government to readjust the legal norms of the credit guarantee industry of small and medium-sized enterprises,formulate special legislation for the credit guarantee of small and medium-sized enterprises,and provide effective relevant laws,regulations and normative documents for small and medium-sized enterprises The development of enterprise credit guarantee industry is guaranteed.This paper mainly focuses on the legal issues of credit guarantee institutions for small and medium-sized enterprises.First of all,the author studies the overview of small and medium-sized enterprise credit guarantee institutions.In this part,the author introduces the legal concept of guarantee institutions.Through the study of the nature of guarantee institutions,the author summarizes the legal characteristics of credit guarantee institutions,which are mainly concentrated in the fact that guarantee institutions are independent legal persons and belong to service civil and commercial subjects.Although they belong to the category of financial institutions,they are different Financial institutions such as banks.When the credit guarantee institutions carry out guarantee business,the credit guarantee behavior belongs to the guarantee behavior in the guarantee law.The author also analyzes the external legal relations of credit guarantee institutions,which mainly focus on the legal relations of guarantee,contract,entrustment,counter guarantee and re guarantee.Then,the author studies the current situation and shortcomings of the current legislation on the adjustment of guarantee institutions.The author takes the company law,the guarantee law,the small and medium-sized enterprise promotion law and other laws as the starting point,analyzes the current situation of the adjustment of the above-mentioned laws to the guarantee institutions,and puts forward the author's opinion on the deficiencies of the adjustment of the above-mentioned laws to the guarantee institutions.In addition,the author also studies the current situation and shortcomings of other laws and policies on the adjustment of credit guarantee institutions.By finding the deficiencies of the prior laws on the adjustment of guarantee institutions,the author combs the legal problems in the practice of credit guarantee institutions.Finally,the author puts forward some suggestions to improve the legal issues of SMEs' credit guarantee institutions.The author mainly gives the corresponding suggestions from two aspects of legislation and legal policy.In legislation,China should adopt the form of special legislation to adjust many problems of credit guarantee institutions,such as the establishment of guarantee institutions and the provisions of organizational form,business scope,capital sources,etc.,and the author puts forward suggestions to improve the relevant legal supporting system,so as to make credit guarantee institutions perfect Construction can develop more steadily.