信用担保领域的典型案例、行业发展与法律规范

Typical Cases, Devdopment and Regulations in the Credit Guarantee Sector

信用担保活动对于我国金融秩序和金融安全的影响日渐显现。在快速发展的同时,结构性悖论与行业流弊不容忽视。中科智、中担、华鼎、金诚、金邦、融典担保等案例,反映出不少担保公司及控制人偏离主业、违法违规。相关司法实践和新近法规对于防止挪用客户资金、遏制非法集资和非担保活动具有一定效果。需要进一步考虑的是,将责任与能力匹配起来,完善细化规则,促进各方归位尽责与行业可持续发展;同时,优化监管流程及架构,发挥市场和自律的作用。

The credit guarantee business has increased influence over China＇ s financial soundness. In spite of its fast growth, structural paradox and other disadvantages of the industry still exits. Through an in - depth review of several typical cases, credit guarantee companies were found widely engaged in other businesses in violation of current regulations. The recent actions taken by the courts and regulators are instrumental in preventing the compa- nies from embezzling the client deposits, illegally raising fund, or being engaged in unauthorized financial activi- ties. Meanwhile, other measures might as well be considered such as to refine the supervisory rules, to optimize the regulatory structure, and to enhance market discipline and self- regulation.