| With the increasing promotion of economic globalization,it is self-evident that small and medium enterprises play a crucial role in the process of national economic development and social progress.The assets of SMEs,especially the lack of real estate,led to objectively inequivalent credit when compared with the core enterprise basing on supply chains,which makes it difficult for SMEs to earn corresponding credit in terms of traditional financing institution and financial models and funding problem has become one of the bottlenecks for the large-scale development.However,in view of the wide range of subjects involved in supply chain finance and the complexity of the law involved,while the supply chain finance is booming,the fundamental and institutional issues involved still exist,and the monographs and the thesis of the papers are summarized from the legal point of view.Less,for this reason,this article is mainly discussed from the following sections:The first part introduces the connotation and characteristics of supply chain finance and the main participants.From the legal perspective,it discusses the main legal attributes of the participants in supply chain finance and the real trade relations and lending relationships among the subjects.It summarizes the fundamental and institutional legal issues of supply chain finance,such as subject qualification,false trade treatment,civil legal relationship identification and guarantee system improvement.In the second part,from the perspective of administrative supervision of supply chain finance,it analyzes the problems that the imperfect laws,regulations and rules and regulations may bring to the financial management entity of the supply chain,suggesting that it is appropriate to adopt administrative regulations rather than legal development at this stage.To improve supervision.The third part mainly analyzes the problems and influences of the criminals that supply chain finance may face in the case of false trade,and analyzes the rights of the financial supply providers in the supply chain.Suggestions should be made on the principle that should be grasped.The fourth part focuses on the problems faced by supply chain finance from the civil legal relationship,mainly including: the trade type is not clear about the nature of legal relationship,the guarantee legal system has certain defects,etc.,and combined with the current relevant legal theory theory to the relevant system.The analysis was carried out with improvement. |
