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The Folk Collecting Debts Of Conduct-Another Way To Dispute Settlement Of Debt

Posted on:2012-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q HuangFull Text:PDF
GTID:2216330371952024Subject:Law
Abstract/Summary:PDF Full Text Request
With the in-depth development of the economic society and the rapid expand of the small and medium private enterprises and self-employed businesses, together with the pursuit of profit maximization, the blind pursuit of profit , financing problems SME encounters, frequent and large-scale private lending between businesses and individuals. Apart from that, global competition, economic downturn, the continuously deterioration of corporate internal and external development environment, the lack of their funds, capital chain rupture, integrity and lack of supervision of public authority, all these factors have led to the frequent emerge of debt between businesses and businesses, individuals and corporates , multiple debt disputes and events such as avoiding and hiding from the debt and repudiation. Many creditors voluntarily choose private debt collection methods in order to satisfy their claims, and it's getting worse. Informal debt collection forms varies, although it is prohibited to use violence, in real life, it is not uncommon. We should think back to the causes of the informal debt collection as well as those restrictions to it.Private debt collection practice is a kind of private relief in the legal term. As a dispute resolution with a long history, private relief has its unique value. To attach importance to the both sides of the value, to restrict it in a reasonable range, to approve ,develop and enhance it to the legal aspects to think and to explore the gradually establishment of a wide range of dispute resolution mechanisms could provide an effective solution to the dispute in another way.Based on the analysis, the complementary role the private relief practices play is rather significant and indispensable. To admit private relief within a certain range can save the cost of justice, transfer scarce public resources to more pressing and more needed areas to achieve right distribution between public power and private power, which rightly meets the public interest. Public power and private power should be balanced, complement and supplement each other, for private power can play an important role in the law enforcement.
Keywords/Search Tags:debt-collection, private relief, discipline, ways
PDF Full Text Request
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