Research On The Legal Regulation Of The Financing Risk Of SMEs

Since human from agricultural society to industrial society, especially to the moderncapitalist society, the social division of labor and the machine development becomes to themainstream of the social development, expanded reproduction has become the main form ofextracting capitalist surplus value. As the premise, capital is the source of the material toproduce surplus value, monetary fund is the most popular form of capital, capital has becomea business motive power, no funds, enterprise even as the cleverest straw is hard to makecooking without meters.At the same time, market economy balanced theory asks the whole society which canrational allocate resources. However, under the environment of market competition, nobodycould face the equality competition, especially the contrast between the SMEs and largeenterprises of power, which is more inferior by comparison. In view of the SMEs itselflimited, which scarcites the supply and demand resources, lacks overall strategyconsciousness, and fails to establish scientific management system、 financial system andinternal control system, all of this makes SMEs heavily restricted in the process of developingitself. How to realize the expansion of the scale and how to solve the SMEs financing, whichhas been put on the central conference process. On September19,2009, the State Council onthe mentioned in a number of opinions to further promote the SMEs development says:"dogood job in the financing of SMEs, which will play an important role in promotIing economicgrowth, increasing finance income, prosperiting urban and rural economy, optimizing theeconomic structure, expanding the employment, and maintaining social stability and otheraspects".The development of SMEs increasingly becomes the focus of attention of the society.Moreover, the evolution from identity to contract subject, the idea transformation fromsavings to investment, which breaks the enterprise financing routine and makes financingchannels to be gradually diversified, kinds of new financing such as bamboo shoots after arain spring to the social level. How safe and effective to operate capital and maximize thevalue of enterprises, has become the enterprise risk control theme. Risk control is not purpose,but means, risk control as the program must lead the financing entity to voyage safely. So howdoes SMEs choose their own survival in various financing channels, and accurately locate therisks existing in the financing, which is the key by studied in this paper，but it is also difficultpart. The paper is not only need to comprehensive considerate the similarities and differences to of all sorts of financing way, but also to be fully integrated in the process of financingwhere exists many kinds of risks. Through to analyse a variety of financing risk, and do therisk prevention, thereby to create a good legal environment for SMEs financing,and realizesthe financing of SMEs to be low risk and low barriers ultimately, promotes the optimizedallocation of the social resources.The text is separated into four sections:The first section is introduction. Firstly, it introduces the background and significance oftopics, then elaborates SMEs significance and development obstacle of our country. Nextly, itintroduces the domestic and foreign research theory of the rough outlines, which includsfinancing theory and risk control theory. Finally, it introduces the research methods of studies.The second section is the financing of SMEs and its legislation. The first part isdefiniting the SMEs scope and concept of financing，and then analyzes SMEs common wayof financing of our country. Finally it introduces the development process and the financinglaw of SMEs of our country at present.The third part is writing the financing risk and legal analysis. This is the key part ofwriting. Firstly, it offers a definition of the concept of risk, then elaborates the meaning offinancing risk, through to analyse SMEs financing risk characteristic, put forward thefinancing risk types and the causes of risk analysis.The last is the path of reducing the financing risk of SMEs., it is also the emphasis andinnovation point of this text. The text from macroscopical and microcosmic levels to reducefinancing risk. The macro level is to perfect the law, finance deregulation, clear civil market,develop the multi-level capital market, this is also the equivalent noncontrollable risk source.Secondly, the micro-level refers to creating a sound financial system risk, to evaluating riskpricing, improving information disclosure, and establishing risk guarantee mechanism andrisk compensation mechanism.