Legal Analysis And Consideration Of Private Debt Collection In China

The paper consists of four parts to analyze the private debt collection objectively and comprehensively in accordance with the logical concept of being from phenomenon to essence. It related to the lack of credit system, the shortcomings of the judicial system, the influence of traditional culture as well as the characteristics and trends of private remedy and diversification of dispute resolution mechanism. The article involved both summary of social phenomena and legal theory analysis with the macro outlook and subtle argument. The author expressed unique perspective on the issues with the help of reference from the theory of scholars in the field based on forefront of law as well as analysis of the social remedy with Chinese characteristics, such as the ADR alternative dispute resolution mechanisms originated in the U.S since the 1970's.The first two parts of the article described the research status of private debt collection, including implementation of the claims, the meaning and types of private debt collection, focusing on development of the professional dunner and debt collection company that was controversial intensely. It analyzed and discussed why the debt collection company was banned based on the state's attitude to it from many aspects to comprehend the debt collection which was not classed as infraction of law. The paper described the reasons for existence of the debt collection company objectively and necessarily as the view from the social needs, social division of labor and social supply, etc. And the author discussed the legal regulation for the debt collection company furthermore on the basis of reference to relevant laws.In this paper, the author tried to explore the causes of private debt collection favored by many creditors from the higher level. Actually, that was the analysis of value of the private debt collection. The article discussed the value of private debt collection including the cultural values:sense of autonomy, justice, harmony of the communication; economy value:easy and fast; legal value:as the boosters of judicial reform on the view of Chinese traditional culture, economic and the limitation of legal system. The author made use of the method that combined the theory and case studies.This paper analyzed the property and regulation of the private debt collection further. The meaning of private remedy and interpretation of private debt collection were linked closely.It analyzed the trend of the private remedy such as the private debt collection making use of Marxist general laws of social development. The article summarized the legal regulation of private debt collection basing on the legal review, the law of self-help behaviors and establishment of multi-cultural dispute resolution mechanism. The author always insisted that we should develop and improve the social remedy and recognize the validity of private remedy as well as play the role of the national guidance trying to control it in case of turning up the situation of damage to legitimate rights and interests of others and destruction of social in order to realize the creditor's right on the basis of maintaining the authority of law and justice and setting up a modern legal system gradually.