Research On Legal Issues Of Loan Guarantee Insurance For Small And Micro Enterprises

Guarantee insurance,as a new type of modern commercial insurance,has the functions of dispersing financial cross risks,compensating micro-economic losses,promoting coordinated economic and social development,etc.And loan guarantee insurance for small and micro-sized enterprises is an important and unique part of guarantee insurance.Since the financing problem of current small micro enterprise has become a worldwide problem,small micro enterprises are able to achieve credit enhancement services from the insurance company through insurance loans guarantee insurance and thus increase the probability of bank lending.The loan risks of banks are transferred by the insurance company to which they pay for the premium as their profits.While promoting the diversified development of the insurance industry,loan guarantee insurance for small and micro businesses not only provides a new way to alleviate the financing problems of small and micro businesses,but also promotes the in-depth integration of the insurance industry and the banking industry.It also echoes the national policy of vigorously supporting the development of small and micro businesses,which is undoubtedly a win-win measure for all parties.Insurance companies develop from scattered trials to government’s vigorous promotion.The small micro enterprise loan guarantee insurance in our country,though develops fast,still has many legal problems to be solved,which are mainly shown as the following points: its legislative level is low and it is lack of specific provisions.This may result in long-term different attitudes on guarantee insurance issues in the theoretical law field.What’s more,the legal practice is without clear provisions as its basis for judgment.The chaotic judicial practice process and the imperfect supporting systems also restrict the smooth and orderly development of the small micro enterprise loan guarantee insurance.The improvement of legislation is an important prerequisite to ensure the survival of the insurance industry.And a sound loan guarantee insurance system for small and micro enterprises is especially critical for the long-term healthy development of small and micro enterprises.The valuable pilot experience accumulated over the past ten years has laid a solid foundation for the legislation of loan guarantee insurance for small and micro enterprises.The long history of the development of loan guarantee insurance for small and micro enterprises in other countries as well as their advanced legislative experience and practical experience have also provided beneficial reference for China.The loan guarantee insurance system for small and micro enterprises in China should be improved in the following four aspects: clarifying the legislative principle,improving the legislative level,enriching the legislative content and improving the supporting mechanism.