The Protection Of Debtor's Rights And Interests In Debt Collection

In 2017,although the verdict of case of Yu Huan has been announced,the issue of violent debt collection is still hot.Behind this phenomenon,there is the crisis on debt default.Influenced by the current economic situation,the cases of debt default of corporation are frequent.At the same time,the situation in consumer loan area is struggling.Take the P2 P loan as an example,the average rate of debt default is nearly10%,which is disclosed by 10 P2 P platforms.At the background of this crisis,in order to protect their interests,the creditors tend to collect debt unfairly or violently.So the interests of debtors are unfairly treated.Thus,it is necessary to clarify the problems that infringe the debtor's interests.In this way,we can find solutions to build a system to protect the debtor's interests.This paper mainly divided into three chapters.Chapter one discusses the current situation and problems about the debt collection.According to the object of regulations and files of debt collection,we can conclude the limitation lies in neglecting traditional private lending and solo loan.Then this chapter analyze that the original creditors pursue for results and avoid liability through outsourcing debt collection.Besides,the requirement of type and workers of third parties are low.Furthermore,the debt collectors' liabilities are unclear and they are often not qualified.As for behaviors,this chapter analyzes the irregular traits from facts and legal doctrine angles.In this part,the behavior modeand illegal consequence have lots of problems.Eventually,this chapter discuss the nonfeasance of administration on views,subjects and practice.Chapter two focuses on off-shore law practice on debt collection.Firstly,this chapter compares the debt collection regulations of object between UK,US and Japan,Taiwan,China.Secondly,as for original creditors,UK and HK law emphasize the content while the law of Taiwan,China emphasizes the procedure.US law regulates third party of debt collection according to utilitarianism while UK law attach great importance to the registration of third party.UK law and the law of Taiwan,China point the qualification and development of debt collectors,and US law prefer self-regulation.As for the legislation on behavior,this chapter compares the US law in dichotomy,standard UK law and layered law of Taiwan,China.At last,this chapter conclude the similarities of administration concept in different areas,and it also compares government-oriented Japan law and market-oriented US law.Chapter three firstly focuses on construction of institutions,it advises legislator to regulate the object of debt collection rules widely,and we should clarify the responsibility of original creditors and debt collectors.Also,we ought to highly require the establishment of debt collection of third parties.Besides,the institution must have a behavior system in details as well as an integral resolution system.Personal bankruptcy regulations are also needed.The administration should clarify their duties and perfect the credit investigation system.Also,the government should initially promote the financial education.Finally,this chapter emphasize the market self-regulation,and it advocates society to set up self-regulatory organizations with rules and standards.The emergence of “debt doctors” will altogether to build a perfect protection system for debtor's interests.