A Study On The Legal Regulation Of The Third-Party Debt Collection

As a means of private remedy,the third-party debt collection is an important supplement to public remedies.It is also an inevitable outcome of the rapid development of financial markets and the continuous refinement of financial services.Consequently,its existence has certain rationality.However,the absence of regulation entails that the third-party debt collection industry has long been wandering on the margins of law and growing in a wild manner,which triggers a series of social problems,seriously affecting the social and economic order.So it is a must to regulate the third-party debt collection by law.Based on this,along the logic of “What is the third-party debt collection? –– Why should the third-party debt collection be regulated? –– How to regulate the third-party debt collection in China?”,the thesis focuses on analyzing the current problems,and summarizes the regulation experience of foreign countries,trying to propose some feasible paths in the context of China,in a hope of promoting the transparent and standardized development of the third-party debt collection in ChinaIn addition to the introduction and conclusion,this thesis is divided into four chapters,mainly including the following contents:The first chapter reviews the third-party debt collection from a theoretical level.Firstly,it defines the basic connotation of the third-party debt collection.Then,the author clarifies its legal nature and legal relationship.Next comes an analysis of its existent rationality from different perspectives.The second chapter analyzes the dilemma of China's third-party debt collection.The problems mainly lie in three aspects,such as the incompleteness of the subject regulation,the inconsistency of the behavior norms and the imperfection of regulatory system.The third chapter introduces the legal regulation experience of third-party debt collection outside the region,focusing on the United States,Britain,Japan,Hong Kong and Taiwan,examining their respective institutional evolution backgrounds,summarizing their regulatory targets,behavioral norms,regulatory systems and The institutional characteristics of the four aspects of relief channels provide a useful mirror for the management of third-party debt collection in China.The fourth chapter discusses the feasible paths of legal regulation of the third-party debt collection in the context of China.It is suggested that the subject qualification of third-party debt collection should be clarified.Firstly,the legal status of the collection agency should be recognized and the market access mechanism should be established.Secondly,the behavioral norms of third-party debt collection should be refined.The author puts forward a rough assumption about the framework structure and the prescribed content of the behavior norms.Last but not least,the regulatory mechanism of third-party debt collection should be constructed.Specifically,the authority needs to clarify a regulator and the industry self-discipline should also be strengthened.