Research On Legal Issues Of Bank Financing For Small And Micro Enterprises

As an important carrier of China’s non-public economy,small and micro enterprises have injected fresh vitality into the development of the national economy and become an important force to promote China’s economic development.It plays an irreplaceable role in many aspects such as economic,social and cultural life,and has important value and significance for the development of the country and society.The number of small and micro enterprises has been increasing in recent years,and the development of small and micro enterprises is facing more and more serious and urgent problems,among them,the most obvious problem is financing.The newly revised the Law of Promoting Small and Medium-sized Enterprises,which came into effect on January 1,2018,has strengthened the system construction according to the new situation and new problems in the development of small and medium-sized enterprises in recent years.However,many new legal provisions are still not operable enough or can not fundamentally solve the development dilemma of small and micro enterprises.Based on this,this paper hope through the analysis of the characteristics of small micro enterprise financing and the status quo,according to our country’s financing system of related regulations and bank functions,combing the foreign advanced experience,from formulating and perfecting the relevant laws and regulations,to promote the small micro enterprise financing and provide reliable legal protection,create a fair,efficient,bank financing environment for small micro enterprise financing and development.This is also the significance that economic law should have in pursuit of substantive fairness and justice.In addition to the introduction and conclusion,this paper is divided into four parts.The first part discusses the general theory of bank financing for small and micro enterprises.Firstly,the legal definition and characteristics of small and micro enterprises are analyzed.Secondly,the current financing needs and characteristics of small and micro enterprises are elaborated.Finally,the theoretical basis of economics and law for bank financing of small and micro enterprises is analyzed.The second part is an analysis of the status quo,legal provisions and deficiencies of bank financing for small and micro enterprises in China.Firstly,the paper expounds the current situation of large financing gap,high loan cost,lack of special financial products and strict loan conditions in China’s small and micro enterprises banks.Then analyze the causes of the bank financing dilemma from the two aspects of small and micro enterprises and banks.At last,this paper explains relevant laws,regulations and their inadequacies,and thinks that there is a lack of legal norms in the three aspects of loan guarantee system,credit investigation legal system and differentiated supervision of financial services.The third part is the overseas small and micro enterprise bank financing system inspection and reference.This paper mainly studies the practices of Japan,South Korea and the United States in promoting the construction of bank financing and credit guarantee system.Then combined with China’s actual summed up three points can be used for reference: first,effective legal system protection;second,strong policy and financial support;third,the mature credit guarantee system.The fourth part puts forward suggestions to solve the legal problems existing in the financing of small and micro enterprises in China.First,promoting bank financing of small and micro enterprises should follow the principle of fairness and efficiency.Secondly,in terms of legal system,first,the loan guarantee system for small and micro enterprises,including the mortgage system and credit guarantee system,should be improved.Second,the legal system of credit investigation for small and micro enterprises should be established by strengthening the guarantee of legal system of credit investigation for small and micro enterprises,building a credit information exchange and sharing platform,expanding data sources,promoting financial information sharing,and increasing the punishment for dishonesty.Third,improve the operability of differentiated supervision on the basis of improving the legal and regulatory system of differentiated supervision on financial services of small and micro enterprises so as to improve the differentiated supervision system on financial services of small and micro enterprises.Fourthly,it expounds the importance and necessity of establishing special policy-based small and medium-sized enterprise Banks from the two aspects of formulating special policy-based banking laws and constructing the functions of policy-based small and medium-sized enterprise Banks.Third,from the perspective of legal system,the paper proposes to enhance the credit awareness of small and micro enterprises,strengthen the popularization and publicity of financial knowledge,and seek diversified ways to solve the financing problems of small and micro enterprises,so as to achieve better development of small and micro enterprises and maintain the prosperity and stability of China’s market economy.