| Small and medium-sized enterprises are an important force to realize the sustainable development of China’s economy.The country has successively issued policies to promote small and medium-sized enterprises,calling on the whole society to support the growth of small and medium-sized enterprises.However,the financing difficulties of small and medium-sized enterprises still hinder the progress of enterprises.Although small and medium-sized enterprises are ostensibly equal to state-owned enterprises and large enterprises,financial institutions are more inclined to lend to the latter for the control of risks,and small and medium-sized enterprises are still struggling in enterprise financing.Therefore,small and medium-sized enterprises try to seek the help of social capital and transfer the bills to the holders of spare funds to complete the financing,which is the financing method of folk bill discount.However,the legal status of the current civil bill discounting has not been recognized by law,and the legal definition of civil bill discounting has not been clearly defined.It is only described in academic circles.There are also disputes about the relationship between the sales contract and the loan contract in its legal nature,but the statement of the relationship between the sales contract and the principle of civil bill discounting is more consistent.The discount of civil bills has its own characteristics and types,and its legalization also has some help and resistance.In terms of the assistance of legalization,the existence and development of folk bill discounting has the core of the theory of rule of law that is consistent with it.It is an innovative practice of the principle of non-cause of bills in the development of our society.The innovation lies in that the basic relationship is the sale of commercial bills as the subject matter,not the lack of real trade basis and the relationship between creditor’s rights and debts,and has the effective elements of civil legal acts in civil law,The legal effect of folk bill discount should not be denied "one size fits all";In addition,the discount of private bills has a positive social effect.On the basis of meeting the objective needs of SMEs’ financing,it can also improve the financial order and promote the flow of funds.In terms of the resistance to legalization,the existing legal norms deny that there is a real basic trade relationship in folk bill discounting,and strengthen the examination of the basic relationship.The illegal use of folk bill discounting has also violated many criminal charges;In social practice,the relevant conditions for the legalization of private bill discounting are not available,there is a lack of professional intermediary institutions,the social credit and information disclosure system needs to be improved,and the lack of supervision and the inconsistency of judicial decisions have hindered the legalization of private bill discounting.Therefore,in order to realize the legalization of folk bill discount,we should follow the principle of "legislation first",add specific provisions of folk bill discount in law,recognize its legalization,and adjust relevant legal provisions to achieve "uniformity" in legislation.In terms of the specific operation system,we should establish a more specialized bill intermediary institution to take part of the responsibility for the healthy operation of the private bill discount market.We will improve the bill credit reporting system and information disclosure system,and enhance the credibility of the bill.We will strengthen the supervision of private bill discounting by specialized agencies and maintain the order of the financial market.Unify the rules of judicial adjudication,provide clear trial ideas for civil bill discounting disputes,and interpret the law by case. |
