Research Of The National Student Loan Bank Debt Security Laws

National students' loan undertaken by four national commercial banks including Industrial and Commercial Bank of China, with the interest paid by national finance, is available to full-time students of colleges and universities of PRC (excluding the regions of Hong Kong, Macau, or Taiwan), who is needy. The national student loan is taken by a "policy aim, commercially operating" mode; it is the resolution of conflict between policy and commerce. Because the legal system is imperfect and the conflict of policy and commerce is unsettled, the bank's creditor right is facing various risks. And the national student loan is stepping in predicament, the bank began to "miserliness loan" even "stop loan". So it must be revised and perfected by some innovation measures.Since the national student loan implemented, there are argument about the nature of national student loan. Our government stipulates the national student loan by "commercial loan with policy character". The academic circles have three opinions about the nature of national student loan: administration payment; personal consumption loan; policy loan. Actually, the national student loan is a quasi-public production with policy and commercial double character. The national student loan is fiduciary loan without guarantee. For one thing, it is lack of good credit environment, for another, it has defects in system design and subject's rights and obligation design. All of these make the bank creditor's right face risk. So how to protect the banks' creditor right has become the key problem of national student.The national student loan is a kind of fiduciary loan without guarantee. The college students' breaking promise lead the banks' loan can't recycle. So it is the natural trend to better the creditor system of college student. It should not only establish the credit grade system, but also enhance the legal regulation, social supervise and punishment. For the quasi-public production of national student, the government should undertake the mainly responsibility, and establish the policy education guarantee to strength the motivation of bank and advance the national student loan' improvement.The design defect of rights and obligations among every subjects of the national student loan is another problem of guarantee the bank creditor's right. So re-establish the subjects' rights and obligations to make them coordinate each other is the prerequisite of guarantying the bank creditor's right, it also relate to the virtuous circle of the national student loan.