Research On The Extension Of The Right To Defense In Consumer Credit Contract

Consumer credit is one of the modern consumption mode.The popularity ofpersonal consumption loans in China on the one hand to meets the consumptiondemand and pulls the role for national economic growth, on the one hand results inmany consumers in a passive position in the consumer credit process and assumes thetransaction risk unreasonable,because the loan program design and credit laws andregulations are not perfect.Our social economy has developed to the historical stagewhen consumption is the main engine of growth and the scope of consumer credit andthe service object expands. To protect consumers effectively, on the one hand dependson consumer rights consciousness increasing ceaselessly, on the other hand relies onthe rule of law and legal system.Coincides with the occasion of the revision of"Lawfor Protection of Rights and Interests of Consumers",it has special significance of thetimes that to comb the major difficult problems carefully such as subject orientation.mode selection, clear specification and law enforcement optimization to makein-depth reflection and rational reconstruction. Civil law as a basic rule for adjustingsocial life, in the consumer rights protection should also play a positive role.This paper with the consumer credit law in the contract right ofdefense extension rule as the research object, analyzes the problems in the face fromthe theoretical and empirical two layer.It consists of four modules that areconcepts, theory study, the rules of carding, legislative suggestion.In the conceptssection, interpret the core concept of consumer credit and consumer creditcontract.The consumer credit contract is typical linked in personal spending whichcontains sale, loan, mortgage, guarantee and other forms of independent legalrelationship.In the theoretical study section,analyzes the theoretical basisof consumer contract extension rules, namely the holistic theory and consumer rightsand interests protection theory of the legitimacy and rationality, and pay attention tothe system of the traditional civil contract relative inheritance and breakthrough andautonomy theory.Sales contracts and loan contracts are integrated on the economy.Iftermination of the sales contract will make the purpose of the loan contract not to be achieved, consumers can refuse to loan repayment request based on right of defensewhich has produced in the sales contracts and extends to the credit contract.In therules of carding section, through interpretation the German law related provisionswhich has mature legal system of consumer credit, abstracts the core rules such assystem elements, legal effect, applicable exception of extension of the right todefense,and through the comprehensive comparison of related legislation in Britain,USA, Japan and other countries, to build a rule structure of the system.In thelegislative practice in the world, subject of the extension of the right to defense isconsumers, the legal basis for exercise is the sales contracts and credit contract whichare constituted to linked contract.Definition of linked contract rely on mainly inspectsthe loans and two contract economic integrity.In the proposed legislation section, inthe card that extension of the right to defense in consumer credit contract hassufficient legal basis,advocate system of the extension of right to defense should bebuild in our country and the legislative model, legislative principles, rules set up willbe three levels of legislative suggestions in the establishment of our country.China’sconstruction of the extension of the right to defense in consumer credit contractsystem should ultimately be attributed to the independent "consumer credit law",while the present stage through as a special rules of contract law section under thecontract of sale.China’s extension of the right to defense in consumer credit contractrules include rules and restriction rules, linked to relevant system of China’sconsumers protection law.Through this way, to break China’s consumer protectiondirectional and single legal mode of thinking and to provide practical guidelines.toprotect the rights of consumers in the means of civil law.