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Rural Financial Institutions Loan Collection Problem For The Suspension Of The Limitation Of Research

Posted on:2015-12-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZengFull Text:PDF
GTID:2296330464973107Subject:Law
Abstract/Summary:PDF Full Text Request
Rural finance gives very high support and force to "Agriculture, Country side, Farmer" development and also the cracking shackles of the rural economy development. The launch and collection of rural financial loan is the core of rural financial safety system. However, in China, there are many difficulties and misunderstandings to the legal means for loan collections, not only in creditor, debtor, but also in laws. Meanwhile, the debtor and judge have different views about the interruption of limitation applying for rural financial loan collection, that brings direct influence on improvement of loan collection institution and system building. In my opinion, why the interruption of limitation has difficulties when applying for rural financial loan collection is laied on the misunderstanding of two views about the limitation of action, either over-stress the creditor’s surveillance, and that sets up informal standard to the interruption of limitation informal when applying, or over-stress the debtor’s protection, stressing that is the "counterplead right" the law grants to debtor, and that sets up too strict standard to the interruption of limitation strict when applying. These two views both lead bad results, the right application of interruption of limitation can’t be guarantted. So, we should build up a clear collection mode, clear steps and thorough collection results evaluation rural financial loan collection system. At last, as the last back line of social justice, the judicial authority should understand the meaning of limitation of action based on the understandings and right occasion to apply the limitation when encourage to use for safety maintenance.
Keywords/Search Tags:Lawsuit prescription, rural financial institutions, loan collection, interruption
PDF Full Text Request
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