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Informal Credit Contract Dispute And Its Countermeasures

Posted on:2014-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:J YuanFull Text:PDF
GTID:2296330467487880Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the folk financial development tends to more and more active. The main stream of the folk financial is informal credit today. Informal credit, with its own advantages, such as convenient procedures and low cost, effectively relieves the financing problems individual citizens or the small and medium-sized enterprises met in their development. With the expansion of the informal credit, however, it is causing social problems and the defect is becoming increasingly apparent. The very manifestation is that the number of informal credit contract dispute increases sharply. Lots of informal credit contract dispute will directly lead to the uncertainty of the rights and the obligations, which is not conductive to maintaining the stability of social order. Therefore, it is of important practical significance to pay attention to informal credit contract dispute and to discuss how to solve them.There are a large number of complicated informal credit contract dispute in real life. It is difficult to analyze each piece of the informal credit contract case. Among other great analytical methods "typed thinking" can be beneficial in this case because "Typed Study" on the informal credit contract dispute can help us grasp the characteristics of all kind of informal credit contract dispute better and help the judge deal with the dispute more properly.The subject content of this article is divided into four parts. Basing on the informal credit contract dispute as the breakthrough point, this article tries to build the typed standard of the informal credit contract dispute as a way to analyze them. In addition, in order to provide the reference for the relevant legislation and judicial practice in our country, the author tries to absorb some nutrition from the legislation on dealing with the informal credit contract dispute from other countries or regions. The author also hopes to identify effective countermeasures and treatments which has been used to deal with the dispute in practice and can provide reference for future informal credit legislation. In the judicial practice, of course, solutions to some informal credit contract disputes are still controversial. To deal with the contract dispute, we should further complete the laws and regulations. So at the end of the article, the author put forward the suggestions on completing the laws and regulations and standardizing the informal credit contract.The first part of the article firstly defines the informal credit contract and analyzes the characteristic of the informal credit contract, then makes a brief overview of the informal credit contract dispute, in the end analyses the reasons why the informal credit contract disputes appear frequently.The second part of the article tries to build the typed standard of the informal credit contract dispute using "Typed Study" to analyze them. In addition, different kinds of informal credit contract dispute and its legal countermeasures are discussed in this part.The third part of the article focuses on the normative system of the informal credit contract dispute. In this part, the author sorts out the laws and the regulations of the informal credit, analyses the flaws of the laws and regulations, learns from legislation on dealing with the informal credit contract dispute in other countries or regions, and makes suggestions on completing the laws and regulations of informal credit.In the fourth part of the article, the author puts forward the suggestions on standardizing the informal credit contract. Firstly, standardize the formal requirements of the informal credit contract. Secondly, establish the registration system for the informal credit. Thirdly, formulate the demonstrative text of the informal credit contract. Fourthly, strengthen the legal publicity and incite the informal credit to be more standardized. The author wishes the suggestions could be of some help to decease the amount and frequency of the informal credit contract dispute.
Keywords/Search Tags:Informal Credit, Informal Credit Contract Dispute, LegalRegulation
PDF Full Text Request
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