小额贷款公司金融机构主体资格的确认与刑法保护

小额贷款公司是国家为解决“三农”和中小企业融资难问题而引导发展起来的,但由于相关政策没有明确其金融机构的主体资格,银监会在官方层面也一直不承认其金融机构主体地位,在很长一段时间内小额贷款公司虽然从事着金融业务,但刑事司法实践却没有将其作为金融机构予以平等保护.但随着小额贷款公司的发展,各方态度已有明显转变,将小额贷款公司作为金融机构予以保护的障碍正在逐渐消除.目前,已有将小额贷款公司认定为金融机构的判例.

On the Financing Institution Subject Qualification and Penal Protection of Small-loan Company

In order to help the rural, small and medium enterprises to raise capital, China guided the de- velopment of small-loan companies. However, the concerning policy did not clearly prescribe its subject qualifi- cation as financing institution, and the CBRC （China Banking Regulatory Commission） also did not officially recognize it, so that criminal justice did not protect these companies as other financing institutions, even though these companies have been engaged in financial service for a long time. Yet with the development of small-loan companies, relevant parties have changed their attitude toward it, and the barriers of treating small-loan compa- ny as a financial institution are gradually melting away. At present, some small-loan companies are treated as financing institutions in legal precedent;