破解小微企业融资困境的法律思考

Legislative Thinking of Solving the Financing Difficulties of Small and Micro Enterprises

小微企业数量众多,已成为我国经济社会发展的重要力量。小微企业虽然可以从商业银行、股票债券等资本市场和非正规融资渠道获得所需发展资金,但是由于小微企业生产效益不稳定、抵御风险能力较弱等原因,导致融资渠道不畅,小微企业发展面临融资困境。究其原因,法律制度设计的不完善是小微企业面临融资困境的根源。借鉴国外发达资本主义国家及相关地区的经验,我国可以考虑采取改变立法观念、健全小微企业法律体系、增加可操作性等措施来完善我国小微企业的法律制度。

A large number of small and micro enterprises have become an important force for Chinese eco- nomic and social development. While obtaining the necessary development funds from capital markets such as commercial banks, stock and bond markets, and non-formal financing channels, they are faced with financial difficulties in their development due to their unstable production efficiency and weak ability to resist risks, resul- ting in the non-smooth financing channels. Imperfect design of legal system is the root of their financing diffi- culties. Learning from the experience of developed capitalist countries and related regions, we may consider tak- ing such measures as changing the legislative concepts, improving their legal system, and increasing operability to make perfect the legal system of small and micro enterprises in China.