Microfinance Company And Several Legal Issues In Research

Introduced from abroad, in our country after microfinance pilot after microloan corporations expanded pilot limits, local governments in succession in accordance with the provisions of the guiding opinions thinning and run. Microfinance company in alleviating smes defficult borrow, restrain capital outflows, curb illegal financing, the activation of rural financial market and plays an obvious effect. This article from microcredit company’s concept, the characteristic of its occurrence and development, comb process, reveals its existing enterprises as a general problem, simultaneously pointed out that China’s small loan company existing legal problems, such as legislative level is too low, and the administrative licensing law and judicial interpretations, finance, legal conflict between lack of. This paper, the author adopts improve legislative level, clear non-bank financial institution identity method perfect good legislative microfinance company’s legal status, Put forward China’s small loan company formulated laws and regulations, clear regulatory oversight subject, establish microfinance company industry association self-discipline management system, dredging microfinance firms into villages and bank of road method perfect China’s small loan company superintends legal system. This paper argues that, according to the guiding opinions "regulation, small loan company is separate run loan business enterprise legal person, not to financial institutions. However, the definition of this identity does not conform to the laws and regulations. Led directly to the microcredit lending right without legislation of the company according to, Interest rate shall not lawful, Operation cost is far higher than other financial institution, the supervisor should not legal, regulatory system to lack of. Therefore, to through the perfect small loans of legislation and the establishment of a supervision system, can promote microfinance company’s long-term development.This paper will be divided into three parts: The first part microfinance company, divided into two concepts and origin, first quarter microfinance company defines the concept and characteristic of small loan company is alone run loan business enterprise legal person, not to financial institutions. The legal basis is the company law, the finance law, the guiding opinions "etc., but clearly different from other general enterprise legal persons and financial institutions, with its own characteristics, if have the corporate governance structure, a market-oriented interest rate, financing source is limited, with the risk control regulation system, etc. The second quarter microfinance origin and development in China, analyzes the microfinance in China’s sprout processes, as well as microcredit company occurrence significance.The second part of China’s small loan company the present conditions and existing legal problems. The first section discusses China’s small loan company’s general situation:general enterprise identity and enjoy the lending right discrepancies and stable, lack of adequate funding sources, operation process, difficulties, lack of effective supervision mechanism, establishing conditions than the average company requires high. The second quarter focus on analyzing the China’s small loan company existing legal questions:legislative level is too low, and the administrative license law of conflict, and judicial interpretation of conflict, and the company law of conflict, and finance conflict, superintends legal missing.The third part perfect microfinance company law system conception, through the analysis to improve legislative microfinance company of the legal status, namely improve legislative level and clear non-bank financial institution identity, Perfect China’s small loan company of legal system for the supervision of Suggestions, such as China’s small loan company formulated laws and regulations, clear regulatory microfinance company regulation subject, establish trade association self-discipline management system, and improve the microfinance company exit mechanism.