| dc.description.abstract | In recently, because of macroenvironment vicissitude and financial reform carrying out, sends outside the refers to debt collection has tendency of the unceasing rise in domestic; Because also the legal regime is not perfect, so that in collecting process often to have loses the foreword and illegal and so on the circumstances occurs, but the government for asks the solution, therefore invites the domestic and foreign scholars to draw up the correlation “Debt Collection Law” the legislation, for solution.
After this paper is collects UK, America and Japan and so on, about the debt collection related legal regulation, again the method of comparative jurisprudence proposes the view, and puts forward the proposal on the present domestic law insufficient part, finally proposed again eight suggestions and the conclusion, thought at present domestic legislator and the scholar in draws up “The Debt Collection Law” the reference. The full text altogether divides nine chapters, in which third chapter of and the fourth chapter of department on the domestic and foreign legal systems, the control measure and the legislation draft introduced that, debt collection agency the fifth chapter to the seventh rules discussion related debt to set up the surface, to collection practices the behavioral side when how manages and debt collection on the correlation the behavior to discuss not fairly; but the eighth chapter of department on collection practices should the matters needing attention discuss regarding the consumer protection and individual material protection, The full text mainly debt collection agency management surface and the debt collection act management as a main axle, and quoted the UK ＂Administration of Justice Act 1970＂ and punishes the responsibility after the related harassment behavior definition to revise, the harassment definition clarification, and clarifies not the clear place to prevent the unfilial entrepreneur wrong collection practices.
Moreover this paper also aims at the debt collection agency’s management surface, refers to the securities association and banks association puts forward the self-regulation proposal (association standard), perhaps regarding the fair trade law spirit are not the same, but this suggestion should regard as a reference direction, if revised after the management jurisdiction surface should still be possible to have a consummation management regarding the creditor’’s rights recycling management industry.
Finally, this paper in the last chapter proposed eight suggestions and conclusion, it deliberates the overseas legal system and the domestic regulation proposed, believed should be possible to legislation key question discussion and the ponder about “The Debt Collection Law”, some one quite contributes. | en_US |