Research on the Legal Problems of Small and Micro Enterprises Financing
|School||Ocean University of China|
|Keywords||small and micro enterprise financing legal support equalfinancing right legal perfection|
In our country, small and micro enterprises plays an important role in theeconomic development.It increases the fiscal revenue provides employmentopportunities. It is also the main force of innovation. So it has important economicand political significance for the future of our country.As one of the most important economic activities, corporate financing is to solvethe enterprise current operation and future development. Especially for small andmicro enterprises in the initial growth period, financing will be the biggest problem inits development process.It is not the same legal environment for different enterprises. For large andmedium-sized enterprises, for its own properties, is the object of supply funds forinvestments and banks, at the same time, the current legal system of direct financingand indirect financing of our country also provides support a relatively loosefinancing environment of large and medium-sized enterprises. However, for smallmicro enterprise, is facing a different financing legal environment.From the view of themselves, the small and micro enterprises lack of valuablecollateral assets; from the view of legal environment, the credit guarantee system isnot perfect, the legal support for small and micro enterprises financing is not a system.From the perspective of economic law, the fair value of economic law is important topursue, equal rights of small and micro enterprises should be protect.Review and analysis small and micro enterprises financing laws and regulations,we found that all is not perfect. First, from the equity financing way, small and microenterprises can not get enough money because of many qualifications According tothe" Securities Law "and other relevant regulations. Secondly, from China’s debtfinancing way, China’s “guarantee law "," Real Right law " and other laws for smalland micro enterprises lack of collateral assets to the vulnerable groups andmarginalized by the bank intangible, China’s bond market has not the small and micro enterprises can set foot in place, China " company law " and " Regulations onthe management of corporate bonds " is the biggest obstacle to small and microenterprise through bond financing. so the legal support for small micro enterprisefinancing is an important issue can not be avoided in the process of rule of law inChina at present. The United States, Japan and other countries have always attachedimportance to the financing and development of small and micro enterprise,So my first advice for small and micro enterprise financing is to promulgatesmall and micro enterprises financing laws. Establish the basic principles to guaranteethe equal rights of small miniature enterprise financing, It also needs to perfect theother relative laws and regulations as soon as possible, Establish a feasible and perfectlegal system for small and micro enterprises financing.