Legal Regulation Of Third-party Debt Collection Behavior Of Private Lending

Private lending is an important way of financing in today's society.With the significant growth of private lending business,the phenomenon of debtor's default or overdue is very common.Many creditors then entrust overdue debt collection work to the third-party debt collection agencies,and the third-party debt collection industry has been booming.However,the collection behavior of the third party debt collection institution in the collection process is not standardized,or even violate the criminal law of our country,constitute a crime,causing a series of social problems.At present,the legal regulation of the third party debt collection behavior of private lending in China is still very inadequate,for example,the legal status of the third-party debt collection institutions of private lending is in doubt,the existing legislation and regulations focus too much on financial institutions such as banks,the efficiency of judicial relief procedures is low,the lack of supervision subjects,and so on.Therefore,in order to better protect the interests of the borrower and the lender,and ensure the healthy and orderly competition order of the market economy,China should strengthen the legal guidance and regulation in the third-party debt collection behavior of private lending,so as to adapt to the new era of high-quality development.Throughout the world,the United States is one of the most advanced and mature countries in debt collection related laws and regulations.On the basis of the analysis and discussion of the fair debt collection practices act of the United States,this paper refers to the experience of the United States onthe legal regulation of third-party debt collection behavior,and combines with the shortcomings of China's laws on third-party debt collection behavior of private lending.We will improve the legal regulation scheme of third-party debt collection behavior of private lending from various aspects,including giving the third-party debt collection institutions of private lending legal status,standardizing the collection behavior of the third-party debt collectors of private lending,clarifying the collection supervision department,and constructing the industry self-discipline mechanism,and so on.