Necessity And Feasibility Study Of A Special Law For Debt Collection

Debt collection is a means of satisfying creditor's rights,and this means can be divided into two modes:collecting by itself and outsourcing.Taking financial institutions as an example,their non-performing debts are often collected by entrusted asset management companies,and asset management companies often encounter social issues such as illegal violence on debt collection.This thesis therefore generated the motivation for solving the loopholes of the above issuesThis thesis studied the research on the causes of non-performing debts and debt collection both in Taiwan and mainland.It was found that the issues of collecting in mainland was originally caused by the "complications" arising from industrial transformation,such as government intervention,state-owned enterprise financing,and inadequate legal systemTherefore,the first chapter of this thesis starts from the basic concept of contract law,converges on the scope of this thesis,and focuses on the study of outsourcing.By horizontally compare the collection issues of the origin of related industries in the United States,Japan,Chinese Taiwan,and Chinese mainland,it is as a fulcrum for the thesis of whether or not to refer to the overseas legal system.From the perspective of the Constitution,the thsis will consider how to protect the debtor's personal safety,freedom of residence,privacy,property rights,etc.,as well as the satisfaction of the creditor's property rights,and maintain the working rights of the debt collector.The final of this chapter shows the legal norms related to collectionThe second chapter is based on the specific eleven kinds of collection behaviors that are common in practice.Under the norms of the first chapter,this chapter summarizes debt collection behaviors such as illegal collection and improper collection,thinking how the judicial power,administrative power,and legislation power let the illegal debt collection behaviors fall into the loopholesThe third chapter mainly proposes a comparative study of the horizontal and vertical aspects of the United States,the United Kingdom,and Japan,and the results of referring the extraterritorial legislation in Taiwan.In general,it can be divided into a behavior management model led by the United States and a management model of business management led by JapanThe fourth chapter looks back at the illegal collection behaviors in Chinese mainland and compares the results of the United States in empirical research,and proves the necessity of setting up the Debt Collection Act in Chinese mainland.Due to the diversified sources of collections in the collection industry,it has a high degree of economic influence,and the formulation of the Debt Collection Act can not only help the authorities to unify the power,but also helping the development of the economy,and effectively eliminate the loophole of improper collection,it is the reason of the feasibility of setting Debt Collection Act.Finally,this thesis proposed to establish a behavioral norms and self-disciplined guild system for collecting union,aimed to enhance privacy protection and information disclosure capabilities,and form a triple wins situation for creditors,debtors and collectors.In the supervision of the collection,it is recommended that the "Ministry of Commerce" of Chinese mainland will be the leader of in the future,and drive the downstream collection industry forward;the“Bank and Insurance Supervision Committee" will serve as a facilitating role for the financial products from the source of debt collection and do proper risk control on online lending.In addition to pursuing the maintenance of public order,we shall focus on development of the collection industry,and also respond to the opportunities and development brought about by technological changes.Finally,this thesis recognizes that the backgrounds of the collection system of countries and regions are different.In addition to referring to the overseas legal system and related research,it is expected that the Chinese mainland can determine the legal system based on the debtor's "economic regeneration" and "management openness".