Discourse Upon The Legal Location Of Government In The Credit Guaranty System Of Small And Medium-sized Enterprises

In order to solve the problem of financing difficulty of small and medium-sized enterprises, the credit guaranty system of small and medium-sized enterprises has begun to be established since 1999 in our country. Because it is not clear that government shall play want kind of role in the credit guaranty system, such as government's right and obligation ,and its legal location, so a lot of problems arises in the practice. The scholars also have different views towards these problems. Based on introducing the present conditions of credit guaranty system of small and medium-sized enterprises in our country, this essay puts forward some questions to the government's legal location in the credit guaranty system. Meanwhile, through comparing and analyzing foreign related regulations, this article tries to find some useful experiences for reference, so that we can better improve the development of small and medium-sized enterprises in our country.Chapter one and chapter two mainly introduce the present conditions of credit guaranty system of small and medium-sized enterprises and some problems of government's legal location in the system. While introducing its present conditions, we first make a definition to small and medium-sized enterprises, and point it out its standards to classify, then make clear the definition of its credit guarantee system. After that, we discourse on the disadvantages and advantages of the Law of PRC on the promotion of small and medium-sized enterprises for the purpose of providing reference for its amending. While discussing the problems existing in itsdevelopment, we begin with the offside of government's location in the system in order to provide some suggestions to perfect it.Chapter three mainly introduces foreign related regulations. It also compares the government's different locations in the credit guaranty system. Through comparing, we find that most of them belong to credit guaranty system adhered to policy. What's more, their aims are not to make profits, but to promote the development of small and medium-sized enterprises. Through this horizontal comparing, we hope we can find the common practice and the special regulations to the government's location in the systems. So that while we establishing our credit guaranty system , their experiences can be borrowed by our country according to our domestic conditions.Chapter four mainly introduces the strategy and methods to establish the credit guaranty system of small and medium-sized enterprises. The author begins with the government's legal function in establishing the credit guaranty system. Then points it out that it would be the best choice for China to establish the credit guaranty system of small and medium-sized enterprises adhered to policy under the guidance of government. The author also holds that during the course of establishing the credit guaranty system, the government at one side shall encourage, promote and guide to establish it for the purpose of providing service to the development of small and medium-sized enterprises, on the other side, the government shall strengthen its supervision and control with in the prevention of interfering the operation of guaranty institutions.