我国融资性担保监管体制法律制度研究

发布时间：2018-03-16 11:40

本文选题：融资性担保　切入点：监管体制　出处：《首都经济贸易大学》2015年硕士论文　论文类型：学位论文

【摘要】：随着我国市场经济的不断深化,我国中小微企业、“三农”得到快速发展,成为我国经济建设的生力军,但由于中小微企业、“三农”存在的缺信息、缺信用的先天不足,其融资难长期困扰其健康发展,有效解决其融资难成为各界高度关注的焦点,也是各国关注的焦点和重要课题。我国融资性担保业应我国社会主义市场经济之运而生,并获得蓬勃发展,机构快速增长,服务中小微企业、“三农”融资增信发挥了不可或缺的重要作用。但随着行业快速发展,融资性担保行业也出现了诸多不容小觑的问题,有些融资性担保机构管理混乱,经营乱象丛生,有些担保机构甚至从事非法吸收公众存款、非法集资及诈骗等等违法违规行为,风险隐患突出,严重危害整个行业的健康有序发展和社会稳定,甚至在一些地方出现了风险蔓延的趋势,危害到经济金融安全和社会稳定;我国融资性担保业监管也暴露出了许多问题,如监管主体的不够具体明确,监管制度安排法律层级很低,自律组织尤其是全国性自律组织作用未得到充分有效发挥等等。因此,有必要加快建立健全完善的融资性担保监管体制法律制度安排以有效应对发展和监管产生的和面对的各种问题。本文针对我国融资性担保业监管法律制度中存在的各种问题进行分析研究,同时借鉴国外融资性担保业监管体制法律制度的经验,以期提出建立健全我国融资性担保监管体制法律制度之对策。
[Abstract]:With the deepening of the market economy in our country, the small and medium-sized enterprises of our country, the "agriculture, countryside and farmers" have been developed rapidly and become the new force in the economic construction of our country. However, due to the lack of information and credit in the small and medium-sized enterprises, the "agriculture, rural areas and farmers" is deficient in nature. Its financing difficulty has long troubled its healthy development, and effectively solving its financing difficulties has become the focus of attention of all walks of life, as well as the focus and important topic of various countries. The financing guarantee industry of our country should come into being in the socialist market economy of our country. With the rapid development of the industry, the rapid growth of institutions, the service of small and medium-sized enterprises, the financing of "agriculture, rural areas and farmers" has played an indispensable and important role. However, with the rapid development of the industry, there have been many problems that cannot be underestimated in the financing guarantee industry. Some of the financing guarantee institutions are in confusion in management and operation, and some guarantee organizations are even engaged in illegal activities such as illegal absorption of public deposits, illegal fund-raising and fraud, and so on. The risks are prominent. It seriously endangers the healthy and orderly development of the whole industry and social stability, and even appears the trend of risk spreading in some places, endangering the economic and financial security and social stability, and the supervision of the financing guarantee industry in our country has also exposed many problems. For example, the subject of supervision is not specific enough, the legal level of regulatory system arrangement is very low, the role of self-regulatory organization, especially the national self-regulatory organization, is not fully and effectively brought into play, and so on. It is necessary to speed up the establishment of a sound legal system of financing guarantee supervision system to effectively deal with the problems arising from and faced by development and supervision. This paper aims at the existence of the legal system of financing guarantee industry supervision in China. To carry out analysis and research on various issues based on the. At the same time, the author draws lessons from the experience of the supervision system of financing guarantee industry in foreign countries in order to put forward the countermeasures to establish and perfect the legal system of financing guarantee supervision system in our country.
【学位授予单位】：首都经济贸易大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.28;D923

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