小额贷款公司法律监管的探究

Study on the Legal Supervision of Small- loan Company of China

小额贷款公司是随着民间金融的发展出现的,渐渐成为社会期待的一种有效金融模式。其具有商业兼公益性、民间金融草根性等特征。由于缺乏对小额贷款公司的专门立法,小额贷款公司发展日益暴露出风险问题,其背后是整个法律监管制度的缺位、错位。我国立法对小额贷款公司的定性不明,重合规性监管,导致风险并没有得到控制。需明确监管的主体和内容、确立适合性监管制度、建立激励性监管机制。

Small loan company is developing with the emergence of private finance, which was first established in order to support the agricultural development and the small enterprise development. In the context of financial reform, it becomes an effective financial model of social expectations. However, due to the lack of specific legislation on small loan companies, small loan companies to develop exposed risk issues behind it is the absence of the entire legal and regulatory regime, dislocation. The problem is that the system of legislation on micro - finance companies qualitative unknown cause. The paper analyzes this question. The idea puts forward three systems： the subject and content of the regulation explicitly establish the suitability of the regulatory system, and the establishment of incentive regulation mechanism.