What does credit guarantee mean? Basic principles.

Credit guarantee refers to a kind of financial support in which a legally established guarantee institution provides a guarantee for the debtor in the process of borrowing funds from the bank. When the debtor fails to perform the debt as agreed, the guarantee institution assumes the repayment responsibility as agreed in the contract, thus ensuring the realization of the bank's creditor's rights. The essence of credit guarantee is a personalized social material relationship that guarantees and promotes the realization of value. Credit guarantee belongs to the third party guarantee, and its basic function is to guarantee the realization of creditor's rights and promote the financing and circulation of other production factors.

fundamental principle

Make a difference in.

Credit guarantee institutions are different in capital strength, risk control, business performance and business reputation. Therefore, not every guarantee institution can participate in the preservation guarantee. The high courts should, in light of local conditions, restrict the conditions for guarantee institutions to participate in preservation guarantee, and exclude vulnerable institutions from entering the judicial guarantee business.

Moderate caution

Compared with physical asset guarantee, credit guarantee is not easy to be reviewed and controlled by the court, and it is risky. Therefore, we believe that for preservation guarantee, credit guarantee should not be applied universally. In addition, the people's court should be cautious in the process of reviewing credit guarantees; On the other hand, if circumstances permit, we should listen to the opinions of the other party as much as possible, especially in the case of lifting the security.

Approved for filing

Credit guarantee institutions carry out judicial guarantee business in courts at all levels, which are examined and approved by the high court and filed uniformly. After the relevant regulations are promulgated by the High Court, eligible institutions that intend to carry out judicial guarantee business shall apply to the High Court for approval and filing with relevant documents. The filing system is conducive to unified management, the establishment of a flexible access and exit mechanism, and the reduction of the audit pressure of the grass-roots courts.

2 perfect system

1. The design of credit guarantee system needs comprehensive consideration.

The success of credit guarantee system depends on many factors. First of all, we should reasonably define the relationship between guarantee institutions and governments, banks and enterprises. Secondly, the length of a country's credit construction history directly affects the risk of credit guarantee activities. In short, the proportion of government investment of guarantee institutions, the management and operation mode of guarantee institutions, the proportion of credit guarantee, magnification and guarantee rate.

2. The construction of credit guarantee system should take risk prevention as the starting point. The success of any country's credit guarantee system is inseparable from the participation of government funds, and government funds should not be rejected to improve the credit guarantee system of small and medium-sized enterprises in China. However, there should be no soft budget constraint between government funds and guarantee institutions. How much money the finance invests in the re-guarantee institutions every year should be widely supervised by the society and the budget constraints should be hardened. In the choice of operation mode of credit guarantee system, it is not suitable for China to adopt direct government operation and accountability system at this stage.