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Legalization Of Third-party Debt Collection

Posted on:2019-07-22Degree:MasterType:Thesis
Country:ChinaCandidate:P ZhangFull Text:PDF
GTID:2356330548957689Subject:Law
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With the economic and social development in depth,the rapid development of small and medium-sized private enterprises and self-employed individuals,the pursuit of profit maximization by enterprises or blind pursuit.The difficulties of financing for SMEs,the frequent and large scale of private lending,the economic downturn,the insufficiency of corporate self-owned funds,the fragmentation of the capital chain,and the lack of integrity and public authority supervision have caused many problems.With the continuous emergence of enterprises and enterprises,individuals and enterprises,and multi-party debtors,debt disputes are increasing.Various kinds of private debt collection,debt hiding,and debt repayment incidents are frequent.Many creditors spontaneously choose private debt collection methods to meet their own claims.There are various forms of private debt collection,and violent debt collection occurs frequently.The reasons for private debt collection and the blindness of China's blind restrictions and provisions on private debt collection should be repositioned and rethought.Historically,various departments have issued relevant regulations in the circumstances to play a role in cracking down on illegal debt collection activities and stabilizing social order.However,since the situation has developed to this day,there is indeed a need for further examination and amendment.Third-party debt collection is a typical business process outsourcing from the perspective of business form.It is an inevitable choice for the social division of labor;it is a product of the continuous maturation of the financial market and credit market from the perspective of business essence,and it is a developed credit relationship and the entire credit chain division of labor.Continuous performance and indispensable link.The collection of third-party debt is a private remedy at the legal level.This kind of private remedy has a unique value because it has a long history of dispute resolution.It is regulated within certain reasonable limits and incorporated into legal supervision.Explore the gradual establishment of a diversified dispute resolution mechanism and provide another way for the effective resolution of civil debt disputes.The introduction of Chapter 1 begins with the issue of illegal collections that involve a great deal of social influence.This leads to the social background and research significance of the third-party collection industry.Organize and summarize the status of previous research papers and propose new ideas.Chapter 2 mainly introduces the concept and development of third-party debt collection.An attempt was made to analyze the general collection model of the third-party debt collection industry and the underprivileged model of AIDS collection,the collection of disabled persons,the collection of the AMU and the triad collection under the strong model.Chapter 3 starts from the standpoint of the national law and discusses how the third-party debt collection industry can evade national laws.The game between the two is the reason why the state banned and risks.Chapter 4 discusses the possibility of institutionalization of third-party debt collection.Drawing lessons from the collection regulations in Hong Kong and Taiwan,the legalization of third-party debt collection has been proposed in conjunction with China's actual situation,mainly through the legitimacy of private relief and the diversified trend of dispute resolution.Concluding remarks Discussed at the current stage local legislation on the legalization of collection trends to discuss legislation and deficiencies.
Keywords/Search Tags:third-party debt collection, private relief, debt collection, legalized regulation, game
PDF Full Text Request
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