经济新常态下小额贷款公司信贷法律问题研究

Research on the Legal Issues of Microfinance Company under the Economic New Normal

小额贷款公司自成立起,为满足小微企业、"三农"的融资需求发挥了重要的作用。但在经济新常态这一背景下,其也暴露出了身份之困、资本之困、资金之困、利率之困、监管之困等问题。对此,通过考察并借鉴域外国家关于小额信贷机构立法、最低注册资本制度、监管模式及其他法律制度的有益经验,并结合小额贷款公司在我国发展的实际提出了应对思路:一要明确立法规划,制定高层级的法律法规;二是完善准入条件,推动公司合理设立;三是优化公司运营,促进小额贷款公司良性发展;四是厘清监管职责,设立专门的监管机构,以期对我国小额贷款公司的健康稳步发展有所助益。

Micro- credit companies have played an important role in meeting the financing needs of the small and micro enterprise,agriculture,farmers and rural areas since their establishment. However,under the background of New Normal of Economy,a great many problems,which are about their identity,capital,funds,interest rate and supervision,are exposed. The foreign countries＇ useful experience about microfinance institutions legislation,the minimum registered capital system,supervision mode and other legal system are investigated. Besides,the state of development about the micro- credit companies in our country is also referred to. Some corresponding countermeasures are put forward. Firstly,the legislative rules should be cleared and high- level laws and regulations should be made. Secondly,the access conditions should be improved to promote Micro- credit companies＇ reasonable establishment. Thirdly,the operation of the companied should be optimized to promote the micro- credit companies＇ healthy development. Lastly,the regulatory responsibilities should be clarified and the specialized regulatory agencies should be set up to help China＇s micro- credit companies＇ healthy and steady development.