Research On The Legal System For The Supervision Of Financing Guarantee Companies

As a special intermediary company between Banks and small and medium-sized enterprises,the financing guarantee companies have certain particularity in risks.It is dependent on effective supervision to prevent the occurrence of risks and ensure the healthy development of the financing guarantee industry.At present,there are still many problems in the supervision of the industry.The weak binding force of the inter-ministerial meeting of the central government on the industry and the limited management level of local government departments make the supervision strength to be improved.In view of the particularity inherent in the financing guarantee company itself,as well as the deficiency in various aspects,it is necessary to carry out strict supervision according to its particularity.Only in view of the development of China's financing guarantee companies to establish the corresponding regulatory system in order to ensure the healthy and orderly development of the financing guarantee companies.There are five parts in the thesis.The first part elaborates the institutional value of the supervision of the financing guarantee company.With the continuous development of the financing and guarantee industry,the risks are gradually increasing,and the supervision is seriously backward in the system level,which seriously restricts the healthy development of the industry.Due to the particularity of their business scope,financing guarantee companies play a positive role in stabilizing the financial order and ensuring the sustainable development of small enterprises,so it is necessary to strengthen the supervision of financing guarantee companies.The second part introduces the current situation and problems of the supervision system of financing guarantee companies in China.From the current legislative situation,the supervision system,the basic content of the main mechanism is briefly summarized,and pointed out the flaws of the current regulatory regime on the regulatory model,incomplete social credit rating,the regulatory mechanism of the information disclosure system is not sound,risk prevention and control ability insufficiency,the regulatory process unknown problems,such as serious lack of supervision responsibility system.In the third part,by expounding the different overseas modes of supervision--separation,administration-led and unified,and drawing lessons from the legislative experience of relevant countries,the author proposes that China should establish the administration-led two-layer vertical separation mode of supervision.The fourth part puts forward suggestions on improving the supervision mechanism of financing guarantee companies.First,establish and improve social credit rating,gradually strengthen the credit system construction,promote the development of the financing guarantee industry;Second,improve the information disclosure system and restrain the standard operation of financing guarantee companies through effective information disclosure.Third,we should improve the risk prevention and decentralization mechanism,and control industrial risks to the maximum extent by standardizing corporate governance,risk risk compensation,anti-guarantee,re-guarantee and capital supplement.Fourth,we need to improve the regulatory procedures,including the procedures for starting,investigating and serving,so as to ensure the normalization of the regulatory procedures.In the fifth part,the author puts forward normative suggestions on the liability undertaking system of the financing guarantee company.Firstly,to undertake the responsibility of supervision of legislative provisions,so that there are laws to be followed;Secondly,we should effectively restrain the power of supervision,ensure that the power must be accountable,and it is subject to the necessary supervision.