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National Student Loan Legal System Build

Posted on:2006-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:X Y WangFull Text:PDF
GTID:2206360152987580Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the reform of tuition fee-charging system in higher education, the expansion ofcollege students' enrollment, and inadequacy of national education investment, poorcollege students' equal rights to obtain higher education have suffered challenge.Fortunately, the national student loan emerged to protect those students' rights and realizethe social benefit of higher education to make up for market failure in allocating highereducation resource. However, the national student loan system concludes many subjectssuch as governments, organizations undertake loans, universities and students. Therefore,how to explicit these subjects' rights, obligations and liabilities so that the nationalstudent loan system can operate smoothly becomes a main problem which thisdissertation tries to solve. The whole dissertation is instituted by four parts. The first part introduces basic theories of national student loan including humancapital investment and cost share theories, poor college students' inability to pay full oftuition fee theory and education equality theory; then it analyses the nature of nationalstudent loan legal relationship and system and argues that this legal relationship shouldmainly be adjusted by economic law. Besides, national student loan has nature of policy,risk and special object and purpose, meanwhile, the development circumstance ofnational student loan legal system in China, America, Canada and Japan is also stated. The second part is about subject system of the national student loan. It mainlydiscusses the reasonability and function of governments, banks, universities and students. The third part put emphasis on system of the subjects' rights and obligations. Firstly,governments have not only obligations to provide grant-in-aid interests, guaranty and riskcompensation capital but also duties to organize and manage national student loan, andassist to establish national individual information system and secondary tier market forloan exchange. Secondly, banks have rights including decision, investigation, gettingback principle and acquiring interests, dissolving the contracts, etc. Of course, it'snecessary for banks to provide loans on contracts and keep secrets of the borrowers'individual information. Thirdly, students have rights to apply for and acquire loans,meanwhile, providing truthful information, using the loans on contracts and repayingloans on time are their obligations. At last, universities and relevant units performassisting duties. The forth part is about the liability system. It mainly researches liabilities such asfollows: (1) governments' liabilities when they don't provide grant-in-aid interests andrisk compensation capital. (2) banks' liabilities when they don't provide loans or enoughloans to universities or students according to the cooperation agreements and contracts.(3) students' liabilities when they fail to provide truthful information, exceed the purposeof the contracted use, or don't repay the loans on time. (4) universities' liabilities.
Keywords/Search Tags:national student loan, legal system, subjects, rights and obligations, liabilities
PDF Full Text Request
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