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The Reasonable Boundary And Legal Regulation Of The Debt Collection Behavior

Posted on:2019-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:L Z LiuFull Text:PDF
GTID:2416330545479489Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,due to the rapid development of the micro and small businesses and financial system is not sound enough,private lending has been active and has promoted the emergence of the “debt charging industry”.The criminal cases caused by violence debt collection have been on.Today,this kind of case still stimulate people's nerves.And the establishment and implementation of the law is to avoid the emergence of illegal behavior.At the present stage,the protection of rights is given priority to by public power relief and private relief is generally not allowed.However,it is unavoidable that there is an inadequate protection phenomenon.Therefore,the law allows which leads to the lack of effective protection of the relevant civil legal rights and interests.In real life,in order to protect their legitimate rights the right holders ofen take the independent action.So early independent of the boundaries of self-service within the law can make the civil legal system of our country more perfect.It can also protect the civil subjects' legitimate rights more fully.Providing more choices of relief mechanism for the oblige,but compared with some other countries and regions with the common law system,the research in China is still in the initial stage,China's civil legislation should learn from foreign legislation to recognize the self-help behavior as a special mean of the civil rights protection.Reasonable debt behavior is able to effectively ensure that the creditor remedy their creditor's rights,while the debt behavior is a kind of self-help behavior typical,therefore should be specified with the self-help behavior in civil law field,the necessity and justifiable defense of private power complete relief system.
Keywords/Search Tags:Civil debit lending disputes, Dun behavior, Self-help behavior, Reasonable boundary, Legal regulation
PDF Full Text Request
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