我国小额贷款公司法律规制研究

发布时间：2019-01-21 10:50

【摘要】：长久以来,我国存在着数量可观的中小型民营企业,为了发展,这些企业需要不断的注入资金,且这种需求日益强烈。但由于银行等这些金融机构对贷款的条件设置的比较高,加之我国金融资源配置的严重失衡,导致难以得到有效的贷款融资一直是制约我国中小型民营企业可持续发展的核心问题。而小额贷款公司的出现不但缓解了这些企业和一些农户融资难的问题,而且对搞活地区之间的经济、繁荣金融市场也发挥了重要作用。然而,由于我国市场自主性不强,过分强调金融安全以及长期的金融抑制等因素,我国针对这一新型金融形式的法律法规还不是很完善,而且现有的法律对小额贷款公司的规制也存在许多问题,这就造成了许多小额贷款公司的经营困境,如市场准入限制过多,贷款利率难以覆盖经营的风险,融资渠道过于狭窄等。针对这些问题国外有许多成功的经验是值得我们学习的,美国和日本通过长期的发展形成了较为成熟的法律体系,并且对小额信贷机构有一个明确的法律定位；以孟加拉国为代表的发展中国家对拓宽小额信贷机构的融资渠道作了很大的努力,并且允许借贷双方在尊重市场规律的基础上自主协商利率,同时这些国家对小额信贷机构均采用较为灵活和宽松的监管方式以促进其健康发展。在立足我国的基本国情充分借鉴国外经验的基础上提出针对小额贷款公司法律规制的建议,首先要有明确的价值取向,即效率、自由、安全充分考虑,缺一不可；其次是要明确小额贷款公司未来发展的目标,即市场化的运营；最后在坚持这样的价值理念和目标的基础上针对我国小额贷款公司现存在的问题提出具体的完善下措施,这样才能对小额贷款公司的发展真正起到作用。这样研究我国小额贷款公司的法律规制才更具有现实意义。
[Abstract]:For a long time, China has a considerable number of small and medium-sized private enterprises, in order to develop, these enterprises need to continuously inject capital, and this demand is increasingly strong. However, due to the relatively high conditions set for loans by banks and other financial institutions, as well as the serious imbalance in the allocation of financial resources in China, It is the core problem to restrict the sustainable development of small and medium-sized private enterprises because of the difficulty of obtaining effective loan financing. The emergence of microfinance companies not only alleviates the financing difficulties of these enterprises and some farmers, but also plays an important role in invigorating the regional economy and prospering the financial market. However, due to the lack of market autonomy in our country, too much emphasis on financial security and long-term financial repression, the laws and regulations for this new form of finance in our country are not very perfect. Moreover, there are many problems in the regulation of microfinance companies by existing laws, which has caused many difficulties in the operation of microfinance companies, such as too many restrictions on market access, and the loan interest rate is difficult to cover the risks of operation. Financing channels are too narrow and so on. In view of these problems, there are many successful experiences abroad are worth learning. The United States and Japan have formed a more mature legal system through long-term development, and have a clear legal position for microfinance institutions; Developing countries, represented by Bangladesh, have made great efforts to broaden the financing channels of microcredit institutions and have allowed both lenders and borrowers to negotiate interest rates independently on the basis of respect for market rules. At the same time, these countries are more flexible and relaxed regulatory approach to microfinance institutions to promote their healthy development. Based on the basic national conditions of our country, the author puts forward some suggestions on the legal regulation of micro-loan companies based on the experience of foreign countries. First of all, there should be a clear value orientation, that is, efficiency, freedom and security should be fully considered, which is indispensable; Secondly, it is necessary to make clear the goal of the future development of microfinance companies, that is, the operation of marketization; Finally, on the basis of adhering to such value concept and goal, the author puts forward some concrete measures to perfect the problems existing in China's microfinance companies, so as to play a real role in the development of microfinance companies. It is of practical significance to study the legal regulation of micro-loan companies in China.
【学位授予单位】：天津财经大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.28

【相似文献】