中小企业信用担保法律制度外文翻译.doc

外文翻译 原文 Study on the Small and Middle-Sized Enterprises Credit Guarantee Legal System Material urce: magazine of politics and law,2009(3) Author: Assael Henry 1. Actuality of Chinese SMEs credit guarantee legal system Both the Guarantee Law of the People’s Republic of China enacted in 1995 and the judicial interpretation of the guarantee law enacted in 2000 are adapted to credit guarantee, but the inherent deficiencies of the guarantee law can not offer good legal criterions for the SEMs credit guarantee. The Promotion Law of China’s Small and Medium Sized Enterprises enacted at Jan 1 2003 is the first special law about SMEs, and it is the law with the highest power layer which can be followed to establish the credit guarantee system for SMEs at present. Comparing with guarantee law, it has large advancement, but it still lacks in the maneuverability, and the policies and regulations matching with it still don’t come into being. Because the credit guarantee institutions of SMEs exist by the form of the legal person, so the modified “the Company Law” is applied, but the guarantee institutes also possess characteristics which are different to general companies, so the company law can not be completely applied. Though the new “Property Law” perfects the shortages in the guarantee law, but it still can not completely regulate the behaviors of credit guarantee. Since 1999, relative departments successively enacted some administrative rules, local rules and policy documents aiming at credit guarantee and promoting the development of the guarantee industry. The existing credit guarantee legal rules of China lacking in professionl, systematic, perfect and healthy SMEs credit guarantee legal system are too dispersive and disorder, and it doesn’t still form the system, and the legislation layer is low, which make Chinese credit guarantee system lack in powerful legal guarantees. 2. Problems existing in Chinese SMEs credit guarantee legal system 2.1 Problems of capital fi