担保存货融资纠纷中的法律责任认定:以供应链金融服务商为对象

Identification of Legal Liability in Inventory Guarantee Financing Disputes: Focusing on Supply Chain FinancialService Providers

作为新兴金融方式,担保存货管理业务的蓬勃开展不仅为解决中小微企业融资难提供了一条新颖的解决路径,也为供应链金融服务商开拓了新的业务范围。但是,此种新型金融业务产生的纠纷也暴露出两个法律问题:一是供应链金融服务商的责任认定始终未有明确规定,司法实践中更是存在诸多争议;二是担保存货管理不同于传统意义中以质押为担保模式的融资业务,其法律模式在嵌入“监管”与“动态”后,呈现出复杂性与多样性,很难在高度抽象的单一化法律视角下对归责问题作出规定。本文尝试以对担保存货管理分析为基础,对实践中的观点与做法进行梳理,并以场景化视角为审视角度,对上述两个问题进行综合分析,以期为司法裁判提供指引。

As an emerging type of financial means, the flourishing business of guaranteed inventory managementhas not only provided the small and medium-sized enterprises with a new solution of financing difficulties, but also exploited new businesses for financial services providers of the supply chain. Whereas, the new business has caused some disputes which revealed two types of legal issues. On one hand, the identification of providers liability is not clearly defined in our legal system, and there are many differences in judicial practice. On the other hand, the guaranteed inventory management is distinct from the conventional financial business, which mainly depend on pledge as the guarantee pattern. Its legal pattern presented complexity and diversity after incorporating the elements "supervision"and "dynamic". It is difficult to make provisions for the liability issues from the legal perspective which is single and highly abstract. This paper is based on the elementary analysis of guaranteed inventory management, organizing the views and practices in practice, and have a comprehensive analysis of the above two issues from a scene-oriented perspective with a view to provide guidance to the judiciary.