自由贸易试验区小微企业贷款保证保险研究

Loan Guarantee Insurance of Small and Micro Enterprises in the Free Trade Zone

我国小微企业贷款保证保险在解决小微企业融资难问题上成效显著,但由于当前法学理论界对小微企业贷款保证保险的基础理论研究不够深入,争议颇多。在梳理我国小微企业贷款保证保险发展历程的基础上,对存在的相关立法层级较低、具体规定缺失和配套制度不健全等问题进行深入分析提出,应借助自由贸易试验区的繁荣发展及政策上的便利条件,在政府扶持、商业主导和社会效益最大等立法原则指导下,提升相关立法层级,充实立法内容,并从建立社会信用体系、强化风险防控机制和完善监督管理体制角度健全配套制度,以期为小微企业贷款保证保险业务健康有序发展,进而助力小微企业实现高质量发展提供参考。

The loan guarantee insurance of small and micro enterprises in China has been developed for more than 30 years and thus achieved significant results.Currently,however,the theoretical research on the loan guarantee insurance of small and micro enterprises is neither full nor deep,which has led to a lot of controversy.Based on the development history of the loan guarantee insurance of Chinese small and micro enterprises,this paper analyzes problems existing in the loan guarantee insurance of Chinese small and micro enterprises,such as the low level of relevant legislation,the lack of specific regulations and imperfect supporting system,and etc..With the prosperity and development of the free trade zone and the development of favorable policies,and guided by legislative principles,such as government support,business dominance and the maximization of social benefits,the related legislative hierarchy should be upgraded,the legislative content enriched,the social credit system established,the risk prevention and control mechanism strengthened,and the supervision and management system improved.All the suggestions above aim at providing reference for a healthy and orderly development of the loan guarantee insurance of small and micro enterprises and thus helping small and micro enterprises to achieve high quality development.