Research On The Legal Regulation Of The Collection Of Third Party Debt

In recent years,the booming domestic consumer credit market has led to the collection of third-party debt that originally existed "underground",and irregular and irregular collection behaviors have occurred frequently,which exposed the defects of the system and the shortcomings of governance.In fact,the collection of third-party debt,known as the "debt doctor",has made outstanding contributions in helping all kinds of creditors of financial institutions and private loans to realize their claims and restoring the credit of debtors.however,due to the prejudice of China's traditional culture and the lag of industry governance,the collection of third-party debt presents many dilemmas,such as unbalanced competition,unclear rights and obligations,imperfect legal system and so on.Based on the requirements of strengthening and improving social governance,promoting the healthy development of the credit market and protecting the rights and interests of financial consumers,there is an urgent need to learn from foreign mature experience,from the promotion of special legislation,the establishment of industry self-regulatory organizations,the establishment of supporting systems and other aspects,the collection of third-party debt in China to carry out systematic and professional governance.This article is divided into seven parts.The first part: Introduce this paper affirms the great significance of third-party debt collection to China's credit market,combs the research on third-party debt collection at home and abroad,and summarizes and reflects on the innovation and shortcomings of this paper.The second part: the basic impression of the collection of third-party debt.First of all,it is the basic concept of third-party debt collection,and discriminates with similar concepts;secondly,it combs the policy position on third-party debt collection since the reform and opening up,and draws a preliminary conclusion,that is,the collection ofthird-party debt should not be prohibited blindly,but should be given appropriate living space.The third part: the development status and reflection of the collection of third-party debt.Through a detailed review of the current situation of third-party debt collection through various data and cases,it is found that third-party debt collection has not disappeared in our country,and there is a trend of vigorous development;on this basis,the current situation is reflected and analyzed in multi-dimensionals.it is found that market demand,public choice and legal loopholes lead to the repeated prohibition of third-party debt collection.Part ?: the nature of the collection of third-party debt.First of all,this paper briefly introduces the concept,characteristics and national attitude of private relief,and then compares the collection of third-party debt with it,and thinks that the collection of third-party debt is one of the forms of private relief in practice.finally,it discusses the state's proper attitude towards the collection of third-party debt.Part ?: the extraterritorial experience and enlightenment of the collection of third-party debt.Comparing and analyzing the relevant legislation on the collection of third-party debt in the United States,Britain,Japan,Taiwan and Hong Kong,it is considered that China can start from many aspects,such as subject,object,behavior,supervision organization,industry self-discipline organization and so on.Part ?: the construction of the system of third-party debt collection in our country.It is divided into two parts: special legislation and supporting mechanism,including subject(organizational form and qualification),object(types of debt collection),specific behavior(standard behavior and anomie behavior)and so on;supporting mechanisms mainly include the improvement of credit information system,the establishment of industry self-regulatory organizations,and the construction of personal bankruptcy system.Part ?: conclusion.To sum up the previous article,affirm the rationality of the existence of third-party debt collection,as well as the necessity of legal regulation.