The Conflicts And Balance Between The Creditor's Rights Belonging To The Bank And The Privacy Of The Students Who Owe A Debt To The Bank In The Loan Contract Made By The State Government To Give The College And University Students Financial Aid

Based on the analyses of the two announcements made respectively by Industrial and Commercial Bank of China in June,2007 and by Education Department of Fujian Province in August,2007,the paper discusses the relevant terms of the loan contract made by the State government to give the college and university students financial aid and finds out the conflicts and balance between the creditor's rights belonging to the bank and the privacy of the students who owe a debt to the bank.The student loan according to the policy of the State government is one of the significant measures to perfect the policy system of financial aid in the colleges and universities by means of finance and increase the financial aid to those college and university students from the impoverished families under the condition of the socialist market of China.The paper,first of all,makes the overall generalization of the development course of the financial aid system,and provides the analyses of its three stages.Then,it analyzes the nature of the contract,and points out that the contract of financial aid to the students is not the common civil contract but the contract made according to the government policy,indirectly involving the government or guaranteed by the government,with a long period of time and being characterized by the loan for consumption.It is a complex contract.The paper lays emphasis on the analyses of the puzzles the banks are faced with in the management of the financial aid to the students.Some college and university students lack the awareness of faith in the modern credit,and cheat in redeeming the loan.The phenomena have caused the financial loss to the banks,and therefore,the obstacles have occurred in the process of granting the student loan.However,the public announcement of the personal information of the students who owe a credit to the bank may lead to a serial of legal risks.In regard to the concept and the characteristics of the personal information,the paper considers the public announcement of the students' personal information as an violation to the right of privacy,and explores the serious consequences caused by the exposure of the privacy of the students who owe the credit and the legal risks by the public announcement of the students' personal information.The student loan involves several parties in law-the government,the bank,the college or university and the student.At last,the paper puts forward the solutions to the conflicts between the credit rights of the bank in the contract and the students' right of privacy:first,the government transfers the payment in the public financial framework;second,the deadline of the loan repayment is to be prolonged and the repayment method to be changed;third,the faith education is to be strengthened,and the external cultural environment for the personal credit to be established;fourth,the law for the improvement of the college and university student loan should be perfected,and the compulsory,external restrictions be made practical,such as the financial and legal punishments concerning the credit of the students;fifth,the risk funds are to be established to repay the part of the loan that the bank can not recover, and the funds may lower the risks guaranteed by the State government and embody the duties of the parties involved;sixth,some banks favored by the policy,like the educational bank,are to be founded so that the funds concerning education will be circulated,managed and supervised by the special agency.