The Reserch Of Judicial Rotection For Banking Credit

The protection of banking credit is a puzzle of our country all the time. In recent years, with deepen housing system reform of the nation; the rate of private home mortgage credit in commercial bank grows fast. As a medium and long term loan service,the risk of home mortgage credit have elusive, hysteretic etc. With the wake of fast development in real estate and real estate finance industry,the constantly improvement of the degree of association between finance industry and real estate, fluctuation of economic situation;the risks of individual home mortgage credit begin to expose. And the creditor's rights have not been protected enough. How to improve the protection of banding credit becoming big problem and need to be solved quickly.With increasing risk of individual home mortgage loan,the main outburst manifestation is the multiple case of home mortgage credit. The protection of creditor's right of individual home mortgage credit has being closely integrated with judicial practice.This article only expounds from practical problems in individual home mortgage credit to consider the judicatory protecting problem of banking credit. At the first, the article layering analyses for judicial protection of bank credit, from this, determines the vein. Through analyses hot legal issues that the judgment of individual home mortgage credit case, horizontal compare and screening the individual home mortgage credit services of some bigger commercial bank in Shanghai,to penetrate the deficiency of bank services. On the basic of this,thinking the protection of bank credit on two aspects of microcosmic and macroscopic.combine with the experiences of other countries, proposes to strengthen bank internal risk control and to build external environment,it is good for protection of bank creditor's rights which in individual home mortgage credit area.Except introduction and epilogue,the article contains five parts.Chapter I expounds the concept of Jurisdiction, to specific analysis judicial protection for bank creditor's rights with three layers. Including objective protection for bank legal creditor's rights which are offered by judicial system;judicial practice has strong significance to protection of banking credit,the benignly interactive relationship between judicial practice and protection of bank creditor's rights. Emphasize the step-down logicality of these three layers, making a clear vein for following contents and structures.Chapter II will discuss judicial practical problems of individual home mortgage credit cases,contains the problem of the loan fraud of borrowers;the problem of parents mortgage loan for minor children;the problem of borrower die before finish the contract;the problem for calculate the security interest ; about interest penalty,liquidated damages,compound interest,the problem of HK &Macau Service by publication which caused by frequently movement of personnel. All the problems are the hotspots in judicial practice. This part has comprehensive analysis these legal issues,in order to propose the pertinence suggestion for protection of banking credit.Chapter III horizontal compares the contract of individual home mortgage credit services in some bigger commercial banks in Shanghai, and in terms of legal issues analysis of the second part,to compared some important terms separately , analysis and summary advantages and disadvantages about protection of credit,provide the realistic basis for strengthen bank internal risk control which will be put forward on next part.Chapterâ…£considered from the micro perspective, the author proposes that banks should strengthen internal risk control for protection of personal housing loan credit. This part, main focuses on bank,propose more operability suggestions. Main contain: advices for individual home mortgage credit risk guard; advice for the suggestions of individual home mortgage credit;advice for choose the cooperation agency carefully.Chapter V considered from macroscopic perspective, the author proposes some ideas for building external environment of individual home mortgage credit. Main including: to build social housing security system; to build individual credit system,perfecting the insurance system of individual home mortgage credit;pay attention to market risks of home mortgage credit,Rational distribute the bank loan etc. It's the maximal distention of judicial protection for bank credit.