| As one of the important methods of debt repayment,debt repayment with property has been playing an important role in replacing monetary settlement and resolving debt disputes.The improvement of the legal system of debt repayment with property is of great significance for the realization of creditor’s rights and the promotion of transactions.With the increasing balance of non-performing loans in recent years,commercial banks have a more realistic demand for debt repayment with property on the disposal of non-performing assets to clear debts.The method of debt repayment with property has many advantages of rapid disposal of non-performing assets and avoidance of long-term default over litigation settlement and securitization in case of blocked monetary repayment.This paper consists mainly of four parts:Chapter Ⅰ Introduction.This paper introduces the basic theory of debt repayment with property,puts forward the latest views on it,clarifies its nature and analyzes the particularity and institutional value of debt repayment with property of commercial banks.Chapter Ⅱ Legislation and Judicial Practice of Debt Payment with Property on the Disposal of Non-performing Assets of Commercial Banks in China.This Chapter focus on sorting out the current legislation and judicial trial and execution cases of commercial banks,clarifying the rules of the debt repayment with the property of commercial banks and the status quo of judicial trial and execution on debt repayment with the property.Chapter Ⅲ The Dilemma of Debt Repayment with Property on the Disposal of Non-performing Assets of China’s Commercial Banks.The problems existing on the disposal of non-performing assets of commercial banks are clearly pointed out and deeply explored based on such current situations as lack of legislation,restrictions on industry supervision,and the inconsistency of judicial judgment standards.Chapter Ⅳ Suggestions on Debt Repayment with Property on the Disposal of Non-performing Assets in China’s Commercial Banks.Associating the current situation of the banking system,the paper offers the proposal of optimizing the system of commercial banks on the disposal of non-performing assets through the improvement of legislation and the innovation of judicial practice to explore a new way to promote the debt repayment with the property on disposal of non-performing assets.The disposal of non-performing assets has a long way to go,to improve the quality of assets urgently needs diversified disposal methods.The state supervision organization should attach much importance to the slow practice of the debt repayment with the property on non-performing assets disposal of commercial banks.By perfecting the industry supervision system and unifying judicial practice,the state supervision organization can help eliminate the obstacles to the debt repayment with the property of commercial banks and can genuinely establish systematic debt management.By means of debt repayment with property,the asset quality of commercial banks in China can be optimized and the efficiency of non-performing assets disposal of commercial banks can be increased,and the financial risk can be avoided to the largest extent. |
