Study To Resolve The Legal Issues Of Public College Loan Debt

Our country college loans from just started the small mortgage loan, later massive package credit agreement, make higher education in the financial markets of the funds into strong flourishing under vigorous development. But its negative effects have been obvious, the region's debt bogs inadvertently running universities. The solution of the college loan debt, whether the use of fiscal, marketization, or tax and legal means, do not have to solve not. Scholars with how to structure the current college loans the civil legal relationship lending has not formed unity of thinking, there is still a lot of research space. Based on this, this article from the legal Angle to our college loans to try the legal relationship, legal status do system are analyzed, and legal advice, and the future of college loans provide effective way out solutions. Expect to our college loans can the legal relation of the reconstruction and the actual benefit to solve problems.This paper stood in the aspect of law mainly from the following three aspects studied the university loans dissolve problems:(one) college loans legal relation analysis. First of all of the legal status and legal persons to the clear definition of property right, next to the college loan legal relation analysis.(2) of existing debt resolved four ways and essence of revealed. At present our country college loan debt main dissolve way has four kinds:land replacement, universities, government pay pay for policy and award. In-depth analysis found that the government is a college loan debt of the actual undertaker, the government loan is it legal? College debt whether to belong to public debt? The government and the soft budget constraint whether there? This paper analyzed answer these questions.(3) college loan debt to dissolve Suggestions: reestablishes the loan legal relationship; In the civil legal relationship framework, establishing the new universities that loan relationships, the government as college funders of college debt with only "capital contribution" for the limit for limited liability, with all the career college of foreign business property for debt, and the bank to strictly prevent financial activities, control risk; Existing loans by the government to repay the debt. According to the existing debt dissolve the way existing problems, this article from the legal Angle to repay government and logic of the legitimacy and rationality, and also stood by the government undertakes to indemnify the responsibility; Establish college loan classification system, college loans shall be in accordance with the use of loans to distinguish to treat, college loans will be divided into the construction of infrastructure, the types of national development bank loans and the infrastructure construction of commercial bank loans.