The Study Of Government-subsidized Student Loans In The View Of The Law

With the reform of tuition system in high education,the increase of the income of many families is much lower than that of tuition,so the tuition finally dooms to be heave burden of families lived in poverty.In order to insure the equality of educational opportunity,achieve the greatest social advantages of education and compensate relative deficiency in educational resource,government-subsidized student loan was put forth.Moreover,the policy of government-subsidized student loans is associated with legal main bodies of government,banks,universities and students.It is necessary for student loans to be included into the systems of law,for making the rights and obligations of the candidates of the student loans clear.This problem is the key of the development of student loan,and is the purpose of this paper.Partâ… is the summary about government-subsidized student loans.It introduces the definition of student loans and clarifies the necessary and possibility.Furthermore, it point out its effectiveness and deficiency.The deficiency include the difficulty in gain the loans and the risk of the crediting.The reasons are that the effectiveness of policy is controversy to profits of the bank,that the emergency of the credit system is controversy to the long-term process of construction,that deficiency of the policy obstructed the run of system.Partâ…¡is to evaluate the Government-subsidized Student Loans in perspective of law.For main body system.Firstly,determining the nature of the the Government-subsidized Student Loans.It is point out that the student loans is compositive system.The system contains multiplex characters of rights and obligations between the main bodies.The duties of goverment are macroscopic readjustment and control on the high position.The students,banks and the high schools have the equal fight in civil law system.Secondly,analysising rationality as well as rights and obligations of related government,bank,high school and student as the main bodies.In the contract of Government-subsidized Student Loans,rights and obligations of borrower and offer are in charge of bank and student.The high school has taken the multiple special roles in this Student Loans system.In the analysis of liability principle,there are deficiencies in main body responsibilities in some degree. Partâ…¢:experience of operation in the foreign system is to be used for reference. The success of subsidized loan in American based on integrity of credit system, government guarantee,humanization design in repayment,integrity of law, macroscopic readjustment.The success of subsidized loan in Australian are based on connection between the repayment and the future of income,The success of subsidized loan in Australian are based on the mode of repayment depending on the future incomes of student,the amount of loan depending on the ranks of scholarships, redrawing payment performed by government.In Candia,the role of government is emphasized,and even some special enterprises are organized successfully to perform this function of government.On contrast to the similar domestic loans,success in credit system of petty loan for farmer is related to simply and convenience application, rational guarantee,supporting from government policy.However,there are still some defects on redrawing the repayment,lower profit to commercial bank.The pit in credit system of petty loan for the lay-off is more risk for the bank,no rational guarantee.Experience of other credit system should be used for reference.Partâ…£is how to reconstruct the law system of subsidized loan.It is legally possible to construct this law system in order to solve the current questions in subsidized loan,and protect the equality of educational opportunity.It is necessary and possible to emphasize legislation of Government-subsidized Student Loans and to correct the relationships of fights and obligations,and liability principle,form of responsibility in order to be consistent to present law system.The forms of responsibility are continue implementation,compensation for bank;Contract repeal, cease to providing the loans,reclaim the loans advanced,degrade the credit rank for students;economic compensation for high school;continue implementation and compensation for government in irrational performing the function of guarantee and compensation.