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我国从上个世纪90年代开始,先后建立了各类中小企业信用担保机构,对解决中小企业融资难起到了重要作用。我国信用担保业起步较晚,仅仅走过了二十多年的历史,相关立法还存在很多不足,如信用担保行业无专门的法律规范、担保法及其解释的不足、法规立法层次较低等等,严重制约了中小企业信用担保机构的发展。建议通过修改完善《中华人民共和国担保法》、制定中小企业信用担保专门法律等措施,使中小企业融资担保在运作中有法可依,进而引导中小企业信用担保业健康发展。
Since the 90s of last century, China has set up various kinds of credit guarantee institutions for small and medium-sized enterprises, which have played an important role in solving the financing problems of small and medium-sized enterprises. China’s credit guarantee industry started late, only gone through more than 20 years of history, there are still many deficiencies in relevant legislation, such as the credit guarantee industry without special legal norms, guarantee law and its interpretation of the lack of legislation and legislation at a lower level Have severely restricted the development of SME credit guarantee institutions. It is suggested that measures be taken to amend and improve the “Guarantee Law of the People’s Republic of China” and formulate special laws on credit guarantee for small and medium-sized enterprises so that the financing guarantee for SMEs can be lawfully practiced in their operation so as to guide the SME credit guarantee industry to develop healthily.