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Chinese credit person right legal protection " always reports
People's Bank of China studies the bureau " the Chinese credit person right legal
protection " the topic group
The first part of background introduces
" Chinese credit person right legal protection " the item, is from 2003 to 2004
the People's Bank and the world bank group foreign country investment service bureau, the
International Finance Corporation China item development center cooperation item, in 2004
is listed by the People's Bank the key topic. This item core is from legal and the
economical relations angle, how studies the movable property introduction guarantee
mortgage practice, the introduction law and the credit practice, the expansion mortgage
guarantee scope, the establishment unification, is highly effective, the reliable
registration system. This regarding the loose credit transaction environment, reduces the
credit risk, enhances the credit may obtain the sex, the promotion economy development has
the profound significance. Regarding the protection credit person's right, fundamentally
solves mid- and small-scale enterprise finances difficultly, provided in the system
safeguard.
Since 2003, this topic research direction has belonged to international above the front
domain, also is China's one blank domain. The since item implementation, has received the
world bank, the People's Bank, the National People's Congress law working committee, the
commercial bank, the solid service department as well as academic circles's enormous
attention and the assistance.
This item take the economical development condition as well as can eastern part the
representative, middle, west the region characteristic as the standard, chooses Beijing,
Shanghai, Chengdu, Guangzhou, Lanzhou, Shenyang, Jinan, the Zhengzhou 8 places is the
model area, and take this area of jurisdiction in financial organ, the mortgage
registration organization, the guarantee company and so on as takes a sample the sample,
altogether involves 92 organizations.
This item implementation is divided three stages carries on, the first stage for really
investigates and studies the stage: From June 28th, 2004 to July 18th; Unites CPDF and the
FIAS 12 personnel from November 15th, 2004 to December 4th by the Our bureau forms the
topic group as well as 7 ?? experts in Beijing, Shanghai, Chengdu, Guangzhou, Lanzhou,
Shenyang, Jinan, the Zhengzhou 8 places developments investigation and study, with
government department, bank, enterprise and law office discussion, total 80.
The second stage for asks the volume investigation stage: From November, 2004 to December,
" Chinese credit person right protection adjusts questioning volume ", "
China guarantees registration moves questioning volume ", two ask the volume passes
through the full discussion finalizes a manuscript. At the beginning of November carries
on the Beijing area correlation unit trial fills in, the pre- investigation, 8 models
areas ask the volume investigation the organization, training. In December, 2004 center
the last ten days of the month, completes moves the questioning volume the recycling, the
data input, forms 8 places databases and the statistical analysis report. Finally compiles
forms " Chinese credit person right moves questioning volume ", " China
guarantees registration organization moves questioning volume " two databases.
The third stage forms the stage for the report: In in above two stages foundation, forms
" Chinese credit person right legal protection always reports " and "
Chinese credit person right and movable property guarantee system legal appraisal ",
" Chinese credit contract arrangement present situation analysis ", "
establishment modern guarantee real right system and real right registration system
", " Chinese credit guarantee creditor's rights execution present situation
analysis " and so on four reports.
In the report some judgements, the question proposes and the suggestion, is in asks the
volume investigation the data quota and the qualitative contrast analysis, the scene
visits discusses gain information as well as in model area branch investigation and study
foundation, union financial organ, registration organization, governmental agency, mid-
and small-scale enterprise realistic national condition, to Chinese credit person right
legal protection, mid- and small-scale enterprise solution question and so on financing,
did further the discussion from the system innovation angle.
The second part asks the volume investigation the statistical analysis
One, the credit person asks the volume investigation the statistical analysis
1, credit person basic structure
This time asks the volume investigation sample includes 50 credits organizations, from the
system of ownership nature looks this investigation basically contained covers all
ingredients: Separately for the state-owned sole ownership 28%, the country controls stock
30%, the cooperation financial organ 14%, goes on the market company 24%, must goes on the
market joint-stock company 32% and completely personal all 2%. (Sees chart one)
2, guarantee loan structure
Looking from the guarantee loan structure, various organizations difference is bigger. Up
to, 2004, is at the end of June investigated the organization each kind of guarantee loan
occupies as follows compared to the situation specifically: The non- guarantee credit
loan, accounts for the loan total amount 17%; And the third party provides guarantee by
individual the loan, accounts for the loan total amount 35%; By the guarantee guarantee
loan, accounts for the loan total amount 34%; Simultaneously by the guarantee and the
third party guarantee guarantee loan, accounts for the loan total amount 6%. The movable
property mortgage loan, accounts for the guarantee loan total amount 4%, the movable
property pawns the loan, accounts for the guarantee loan total amount 8%. (Sees the chart
two, note: Because the statistical caliber experiences mutually overlapping, in the chart
sum each ratio is not 100%)
3, guarantee loan average deadline
Various organizations occupy 0.9 year to 3 years scope inside, take the center short-term
as the focus. Among: The credit loan average deadline was in 1.47; And the third party
provided the guarantee by individual the loan average deadline is in 1.48; By the
guarantee guarantee loan average deadline is 1.7 years; Simultaneously by the guarantee
and the third party guarantee guarantee loan average deadline was in 1.33. Looking from
various organizations situation, the joint stock system bank, the agricultural letter
society and so on the small financial organ's loan deadline is short, is shortest is 0.9
year; But the labor line, the construction bank and so on the large-scale financial organ
loan deadline is long, the most length is 3 years. (Sees chart three)
4, loan value and guarantee value average proportion
Approximately occupies in 40%~100% sector. Among them, universal is completely somewhat
low by the movable property mortgage guarantee loan proportion, and the third party
provides the guarantee by individual the loan proportion is high, various organizations
equally are 76.64%, mainly is the guarantee loan which provides by the guarantee company
occupies compares 77.61%; Has guarantee guarantee in turn the loan occupies compares
63.75%, 62.93% is the loan which guarantees by the land employment right and the building.
(Sees chart four)
5, average loan interest rate
Basically maintains at 5.64%~6.89% sector. Among them, and the third party provides the
guarantee by individual the loan interest rate is highest, is 6.89%, provides the
guarantee by the real estate the loan average rate of interest is lowest, is 5.75%.
Looking from various organizations interest rate horizontal situation, the agricultural
letter society and the city firm is high, but the joint stock system bank is somewhat low.
(Sees table one)
6, the guarantee loan average breaks a contract the situation
The investigation demonstrates: The financial organ guarantees the loan average breaks a
contract the situation locates 10%~100% between in the bigger undulation scope. The loan
which guarantees by the land employment right and the building is completely lowest, is
12.39%. Breaks a contract the returns-ratio generally did not surpass 80%, the loan
average returns-ratio which guarantees by the land employment right and the building is
completely highest, reaches 54.4%, loan average break a contract rate which pawns by the
movable property is completely lower is 6.35%; The average returns-ratio is higher, is
53.13%.
In analysis financial organ each kind of loan average break a contract rate (chart five)
when discovers, real estate mortgage loan equally break a contract rate and so on land
employment right, building, separately is lower than the guarantee life insurance card
loan, movable property mortgage loan equally break a contract rate 1.5 and 1 percentage
spot. Looking from the domestic practice, the state-owned land employment right mortgage
is strictly limited (examines and approves after land control section or local
government), the cultivated land class, the forest kind of non- fantastic collective land
prohibition mortgage, the real estate mortgage resources presents the situation which day
by day dries up, but the real estate latent froth also can enlarge the real estate
mortgage risk.
Looks from the loan customer structure, the private enterprise, the cities inhabitant and
the state-owned enterprise separately accounts for the loan person total first three, the
proportion surpassed 65%; The state-owned enterprise loans the money sum accounts for the
loan remaining sum proportion is highest, is 45%, large-scale enterprise occupies compares
26.9%. Each kind of loan person's real estate guarantee loan the proportion is all highest
in its loan shape, cities inhabitant is highest, reaches 60.7%; But the non- guarantee
loan occupies is the state-owned enterprise which is higher than, the proportion is 26.8%.
In to the loan customer credit appraisal in, various organizations generally to "
enterprise's finance and the operation appraises ", " the loan history "
and " the connection transaction complex degree " three targets appraisals, in
" are most important " and " are extremely important " between.
The investigation data display, the credit organization has " the scale in in the
loan object choice by chance " the phenomenon. By the scale division enterprise type,
the large-scale enterprise is easiest to obtain non- guarantee loan and the third party
guarantee guarantee loan support, but the small enterprise mainly depends on provides the
real estate guarantee obtains the loan, also is not easy to obtain the third party
guarantee guarantee loan.
Looking from the loan deadline, the deadline order from a long-range point of view arrives
short separately for large-scale, medium, small. But interest rate height then is in turn
opposite, from to is high low separately is small, medium, large-scale. Moreover, the
large-scale enterprise has lower loan break a contract rate; The medium enterprise has the
higher loan returns-ratio, but the small enterprise has higher break a contract rate.
7, the guarantee use credit organization provides above the behavior in the loan is
discrete, is stricter to the guarantee choice, displays quite is also narrow in the
guarantee scope, still limited in on the traditional real estate and the partial movable
property. The investigation result demonstrates, various organizations mainly accept the
real estate like state-owned land employment right; The visible movable property mainly
includes the non- agriculture with the machine and the equipment, the non- agriculture
uses the vehicles and so on; The invisible movable property like negotiable securities,
the financial bill and so on carries on the guarantee loan.
Asks volume data also indicates, in in various types loan service, various financial
organs to has the guarantee guarantee loan service most value. 1/3 sample financial organ
has not provided receivable account funds financing financing which guarantees the
principle service and has not provided stores goods is a guarantor for, 90% sample
financial organ have not provided financing which is a guarantor for by the agricultural
product, one organization has not provided financing which is a guarantor for by
enterprise's complete property.
Two, the domestic mortgage registration institution adjusts the questioning volume
statistical analysis
1, registration institution present situation
According to the statistics, in view of the real estate, the movable property mortgage,
the related right pawns, at present and the bank cooperation mortgage registration
disperses in 15 departments carries on. Among them, the movable property mortgage
registration department is most chaotic, pooled 9 (see table two). To the power card, the
financial bill, ???? and so on, generally does not carry on the correlation guarantee
registration. The receivable account funds has not registered the institution.
The investigation discovers: The registration organization chaotic creates the bull
registers and registers the non- gate situation also exists. When some province enterprise
establishes the guarantee, unexpectedly must simultaneously in industry and commerce
administration department, land, vehicles control section handle registration. But another
province enterprise establishes the guarantee, actually does not look for the
corresponding registration department.
2, between the registration expense registration organization registration procedure and
the charge standard difference is bigger, individually registers the organization request
handles the contract notarization or the property in advance before the registration
appraises, reflects according to the guarantee registration organization, notarization
place each ancestor charges 355 Yuan related fee, the vehicle tube registers each vehicle
gathers 159 Yuan ??? and examines the fare.
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