我国中小企业信用担保制度研究

发布时间：2018-06-12 10:19

本文选题：中小企业 + 信用担保　；参考：《河北经贸大学》2015年硕士论文

【摘要】：市场经济条件下，中小企业的重要作用日益凸显，这一重要作用使得各国、各地区更加重视中小企业的发展，当然，我国的中小企业也为国民经济的发展做出了重要贡献。但是，面对强大的大型企业，中小企业在生产规模、科技创新力以及抵御经营风险的能力上都存在着很大的挑战，这些因素在很大程度上都限制了中小企业的发展。其中，融资难成为了制约中小企业健康发展的重要因素，同时这一问题已经成为制约世界各国中小企业经济健康发展的普遍性问题。尤其是在变幻莫测的金融环境的冲击下，许多中小企业纷纷倒闭，如何帮助中小企业度过难关成了关系国际民生的大课题。为了解决这一问题，不少国家大都是通过支持对中小企业的融资来克服这一问题，然而适时建立中小企业信用担保体系以便中小企业摆脱融资难的困境成为了发达国家最优先考虑的做法。我国对于信用担保的探索开始于20世纪90年代末，经过多年的发展，尤其是在政策、法律的不断推动下，我国初步形成了符合我国国情的中小企业信用担保体系。但是由于社会环境、法治环境等方面因素的制约，我国的信用担保体系、制度建设并不完善，各种风险仍然给我们带来了巨大的挑战。本文从发达国家有关中小企业信用担保体系的相关立法、通行做法入手，经过仔细比较和研究，归纳出发达国家发展信用担保的成功范式，，从而为完善我国中小企业信用担保制度提出相应的政策、建议。本文分为五个部分：第一部分即文章的引言。这一部分主要包括了本文的研究背景和意义、国内外研究综述、研究方法与创新这三部分内容。第二部分是中小企业信用担保制度概述。这一部分主要介绍了中小企业信用担保制度的内涵及特征，中小企业信用担保制度的本质以及我国中小企业信用担保制度的沿革。第三部分介绍了我国中小企业信用担保制度存在的主要问题。本部分主要从五个方面阐述了我国中小企业信用担保制度存在的主要问题有：一是，缺乏能够体现其特殊要求的立法，例如《担保法》的保护力度不够，它的性质是“个人权利本位”而非“社会权利本位”，这决定了它必然侧重于保护债权人即国有银行的利益，这显然与信用担保的本性不符。二是，信用担保机构的法律地位不明确，一方面使得担保机构的设立和开展业务无法可依，另一方面导致一些中小企业无法及时得到资金的支持，从而严重阻碍了中小企业的有序、健康发展。三是，信用担保业务范围在立法上存在问题，例如担保产品周期短、形式过于单一等。四是，政府监管立法存在缺陷，由于我国确定的是省市设立的发改委、财政部、中国人民银行、工商行政管理及商业银行等部门组成的监管机构，致使“多头管理”成为了阻碍我国中小企业信用担保制度发展的重要原因。五是，缺乏有效配套法律制度，例如担保活动风险的防控机制不健全，责任共担机制的制定不科学等等。第四部分运用了比较研究的方法，首先介绍了国外中小企业信用担保制度的概况，其中包括了日本的信用保证协会制度、韩国的信用保证基金制度、美国、加拿大的政府服务制度以及欧洲的信用担保制度。其次，通过对信用担保制度发达国家的制度进行归纳、总结，最后得出符合我国国情、适应中国发展的中小企业信用担保制度。第五部分主要阐述了完善我国中小企业信用担保制度的建议。一是制定中小企业信用担保的特别法，使得中小企业信用担保在法律、法规的屏障下有序发展。二是明确信用担保机构的法律地位，以便中小企业可以及时获得资金的有效支持。三是拓宽信用担保业务的范围。四是完善政府监管，防止“多头管理”和政府过度干预的情况出现。五是完善配套的法律制度，如健全风险内控机制，健全风险共担机制等。
[Abstract]:Under the market economy, the important role of small and medium enterprises is becoming more and more important. This important role makes all countries and regions pay more attention to the development of small and medium-sized enterprises. Of course, small and medium enterprises in our country have made important contributions to the development of national economy. However, facing the large and large enterprises, small and medium-sized enterprises are in the scale of production, innovation of science and technology, and There are great challenges in the ability to resist business risk. These factors have limited the development of small and medium-sized enterprises to a large extent. Among them, financing has become an important factor restricting the healthy development of small and medium-sized enterprises. At the same time, this problem has become a universal problem that restricts the healthy development of small and medium-sized enterprises in the world. Under the impact of the uncertain financial environment, many small and medium-sized enterprises have been closed down. How to help SMEs to tide over difficulties has become a major issue related to the international livelihood of the people.
In order to solve this problem, many countries overcome this problem by supporting the financing of small and medium-sized enterprises. However, it is the first priority of the developed countries to set up the credit guarantee system of small and medium-sized enterprises so that the small and medium enterprises can get rid of the difficulty of financing.
Our country's exploration of credit guarantee begins at the end of 1990s. After years of development, especially under the constant promotion of policy and law, China has formed a credit guarantee system of small and medium-sized enterprises in accordance with the national conditions of our country. However, the system of credit guarantee system and system in our country is restricted by the constraints of the social environment, the rule of law environment and other factors. The construction is not perfect, and all kinds of risks still bring huge challenges to us.
This article starts with the relevant legislation of the credit guarantee system of small and medium-sized enterprises in developed countries, and through careful comparison and research, the successful paradigm of developing credit guarantee in developed countries is summed up, and the corresponding policies and suggestions are put forward to improve the credit guarantee system of small and medium-sized enterprises in China. This article is divided into five parts:
The first part is the introduction of the article. This part mainly includes the background and significance of the research, the domestic and foreign research review, the research method and the innovation of the three parts.
The second part is the summary of the credit guarantee system of small and medium enterprises. This part mainly introduces the connotation and characteristics of the credit guarantee system of small and medium-sized enterprises, the essence of the credit guarantee system of small and medium enterprises and the evolution of the credit guarantee system of small and medium enterprises in our country.
The third part introduces the main problems of the credit guarantee system of small and medium enterprises in our country. This part mainly expounds the main problems in the credit guarantee system of small and medium enterprises in China from five aspects: first, the lack of legislation which can reflect its special requirements, such as the protection of the guarantee law is not enough, its nature is "personal rights" "Profit standard", rather than "social rights standard", determines that it is bound to focus on the protection of the interests of the creditor, the state-owned bank, which is obviously not in conformity with the nature of the credit guarantee. Two, the legal status of the credit guarantee institution is not clear, on the one hand, the establishment and opening of the guarantee institutions can not be dependent on, and on the other hand, some small and medium-sized ones are caused. Enterprises can not get the support of funds in time, which seriously hinders the orderly and healthy development of small and medium-sized enterprises. Three, there are problems in the scope of the credit guarantee business in legislation, such as the short cycle of the guarantee products and the simplex form of the form. Four, the legislation of the government is defective, because China has established the development and Reform Commission set up by provinces and cities and the Ministry of finance, The people's Bank of China, the administrative management of industry and Commerce and the commercial bank and other departments, cause the "multi management" to become an important reason that hinders the development of the credit guarantee system for small and medium enterprises in China. Five, the lack of effective supporting legal system, such as the unsound prevention and control mechanism of the risk of security activities, and the formulation of the responsibility sharing mechanism are not made. Science and so on.
The fourth part uses the comparative study method, first introduces the general situation of the credit guarantee system of foreign medium and small enterprises, including the credit guarantee association system in Japan, the credit guarantee fund system in Korea, the United States, the Canadian government service system and the European credit guarantee system. Secondly, the credit guarantee system is developed by the credit guarantee system. Finally, the system of credit guarantee for small and medium-sized enterprises in line with China's national conditions and adapting to China's development is concluded.
The fifth part mainly expounds the suggestions to improve the credit guarantee system of small and medium enterprises in our country. One is to make the special law of credit guarantee for small and medium-sized enterprises, so that the credit guarantee of small and medium-sized enterprises will develop under the barrier of law and law. The two is to clear the legal status of the credit guarantee institution, so that the small and medium enterprises can get the effective support of the funds in time. Three is to broaden the scope of credit guarantee business. Four is to improve government supervision, to prevent "multi head management" and the excessive interference of the government. Five is to improve the supporting legal system, such as improving the risk internal control mechanism, and improving the risk sharing mechanism.
【学位授予单位】：河北经贸大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.291.91;D923

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