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Legal Regulation For Consumer Credit

Posted on:2012-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:N N YuFull Text:PDF
GTID:2166330335469175Subject:Law
Abstract/Summary:PDF Full Text Request
Before 1990s, due to China's economic development level and market system in consumer credit restrict, the business development is slow. Since 1998 China's market economy transformed from seller's market to buyer's market, and our consumption credit also considerably developed. With frequent credit consumptions, more and more trade dispute emerges. Therefore, it's urgently to establish a complete set of effective consumer credit legal system to protect the rights and interests of consumers, and promote the healthy development of the consumer credit market in China. Based on the analysis of the consumer credit legislation of United States, Britain and other countries, we will discuss legal regulation of consumer credit in China from the following four aspects:The first part gives the definition and classification of the consumer credit after comparing and analyzing views from legal representatives, which lay a theoretical foundation for the following discussion.The second part is about the necessity, the basic principles and the model of consumer credit legislation and the specific objects for legal adjustment. First, it approves the practical use of consumer credit legislation for considering consumers' interests and healthy development of the consumer credit market, and also establishes three principles of the legislation. Then it approves the comprehensive legislative model based on the comparison between dispersive and comprehensive legislative model in foreign legislation and the analysis of the condition of our country. Finally, the objects for legal adjustment are defined based on the definition of credit consumers and legal relations of credit consumers. All these research on the basic problems of consumer credit legislation in China actually provide a reference for the consumer credit legislation work.The third part discusses the credit problems in credit consumption. It analyzes the current situation and problems of consumer credit in China, and the successful legislative experience of that in America, Germany, Japan and other countries, and then puts forward the concrete measures for improving China's credit legislation, which are limiting the specific scope, defining credit consumer's right to control, to know, and to correct personal information, and establishing accountability system. Part four, the core of this paper, mainly discusses consumer credit contract regulation. Consumer credit contract is the core link of consumer credit transaction and the major adjusting objects for consumer credit legislation. This article first defines the consumer credit contracts and format clauses. Then it discusses the specific regulating measures for consumer credit contract, which are limiting the function and content of format clauses and stipulating the credit provider to carry out some certain obligations before making the contract, to protect consumers' rights and interests and healthy development of the market credit consumption.
Keywords/Search Tags:consumer credit, consumer credit law, consumer credit inquiry, consumer credit contract
PDF Full Text Request
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