Difficulties In Enforcing The National Student Loans And Legal Perfection

Higher education in the age of knowledge economy is becoming popular. In order to meet the needs of students in poor families to receive higher education, China had been to implement the National Student Loans System since 1999. With the further development of the national student loans, it has achieved some results. But a variety of potential conflicts and problems are gradually exposed, there is a considerable gap between the actual results and policy expectations. On the one hand, the amount of student loans do not fully meet the needs of poor students. On the other hand, the national student loans is not returned on time, resulting in violations of the interests of banks which lack of enthusiasm in the national student loans. To find effective ways to solve the issue of student loans delayed and banks reluctant to lend, it will promote the sustainable development of the national student loans, and achieve equity in higher education. Based on the precedent researaches of domestic and abroad scholars, the paper seeks to the reasons for difficulties in enforcing the national student loans and legal perfections.The paper is composed of three parts, as foreword, main part and epilogue. The main part is divided into four chapters.The first chapter studies the foundation for the National Student Loans System. Firstly introduces the development process, law sources and the basis of economics theory and law theory of the National Student Loans System, which can deepen our understanding and clearly state the goal and direction of the student loans. Then by analyzing the nature and introducing the content that is the subject's rights and obligations of the legal relationship, we can have a clearer understanding of the content of the National Student Loans System.The second chapter mainly studies the causes of the plight in enforcing the national student loans. Firstly points out the reality of student loans delayed and banks reluctant to lend. Then by analyzing the reasons of the plight of the national student loans. Students can not repay objectively and the lack of personal credit legal system, thus leading to the students not on track to repay the loan; The provisions of the national student loans policy and commercial bank laws related to conflict, while the relevant mechanisms can not protect the interests of commercial banks. In order to pursue their best interests as the goal, the commercial banks will inevitably reluctant to lend. The government tries to save operating costs with the power of market players, it factly against the interests of commercial banks. In the process of promoting the national student loans, the government fails to formulate appropriate laws to support it, remaining at the policy level, which also affected the ongoing of the national student loans. Those are the defects in the government behavior.The third chapter introduces the main legislative experience of the student loans abroad. Student loans legislation and personal credit legal system guarantee the implementation of the student loans smoothly in countries and regions such as the United States. They take various legal initiatives such as a variety of repayment methods to ease the pressure on student in repayment, that will reduce loan default rates. For lending institutions, student loans not only do not carry the risk, but that is a scalable business by the government risk-based security system.The last chapter starts from the plight of student loans delayed and banks reluctant to lend, drawing on the basis of foreign experience and proposing the solutions. Raising the law level and effect of student loans, accelerating the formulation of "National Student Loans Act" to provide legislative support for its operation; Adjusting elements of the national student loans, making it closer to the reality of university graduates, such as developing flexible repayment, extending repayment period; In order to mobilize the enthusiasm of the commercial banks to participate in, constructing the risk-sharing system as the main of government of the national student loans; Improving the external running environment such as promoting the personal credit system.As Professor Johnston said, "Student loans in Higher Education Finance is the most complex and controversial, often misunderstood, yet probably the most important issue." At present, China's research on student loans in many aspects has not to be thoroughly. Carrying out research can enrich and develop the theoretical results of student loans, it will help expanding the field of higher education, deepening understanding of the law on student loans.To guide the practice better if the National Student Loans System is built on more solid theoretical basis.