On The Legal System About Payment Of The National Student Loans

China's legal system of student loans has run into difficulties,the fundamental reason is that student loans are financed by the needy students。In the current increasingly serious situation of employment, and rising tuition fees, In fact the students do not have the ability to repay. Student loan policy is a form of subsidy policy to poor students, with the goal of achieving the student equal opportunity in education. This is a policy-oriented loan, but it became a business of the national commercial bank. Therefore there is a change in nature in student Loan. Students can not afford to repay the loan, so the banks reluctant to grant loans, and the poor students still can not get funding. The policy of national student loans can not achieve the expected goals. This is not only because government has the ability to provide the funds, but also because of the equal protection of citizens the right to education is the responsibility of the government. From theory analysis and foreign experience, the student loans should be paid by the government. This policy should not be market-oriented. Clarifying the position of state in student loans, and drawing foreign student loan system, the national student loans should be operated by the policy bank, and the funds of student loans should be paid by the state treasury. Proceeding from this basis, build our national system of student loans, including the system of suspend payment, the system of dispense payment, and the system of incentives and penalties.