Investigation On Legal Regulation Path Of The Third-party Collection Business Of Consumer Credit Loan

Consumer credit loans are characterized by debt unsecured,easy turnover and small amount.And it is precisely in the unsecured domination that loans obtained solely on personal credit are facing moral hazard.In the case of borrowing,if the borrower defaults,the lender often uses the collection as the repayment guarantee.Therefore,the third-party debt collection business has unique advantages and can better meet the needs of the lender.As a result,consumer credit loans and third-party collection business are closely linked.Debt collection is the last step in the lending process and is closely linked with some social focuses in recent years.The controversies arising from the cases like “YuHuan Case” and "Cash Loan Listing" are all caused by the improper collection of debt.The third-party collection business of consumer credit loans generally involves three bodies,the borrower,the lender and the third-party collection agency,the first two are for the loan relationship and the latter two are for the principal-agent relationship.China does not have the legal norms of debt collection that are unified in substance and form,as a result,the third-party collection business of consumer credit loans generally lacks specialized legal regulation.Currently,this business is in a legal gray area and faces many legal risks.Whether the third-party collection agencies operate in a standardized way has a bearing on not only the interests of both the borrower and the lender but also the healthy and orderly development of the entire business.Therefore,the unified regulation system should be established to prevent and control the legal risks relatedto the third-party collection of consumer credit loans.The first chapter is about the basic concepts and theories of third-party collection business for consumer credit loans.The chapter is divided into two sections.In the first section,the concept,characteristics,and business models of third-party debt collection business for consumer credit loans are introduced.The concepts and status quo of consumer credit loans and the third-party collection business were separately introduced,and the reasons for the emergence of third-party debt collection services,namely the current necessity and particularity of their existence,were elaborated.The second section introduces the theory of legal regulation of the business.The theory mainly draws on the theory of financial consumer protection and the theory of balance of interests.Its aim is to,on one hand,protect the legitimate rights and interests of the borrower as they are the vulnerable side,on the other hand,it is also necessary to crack down the behavior of debt escaping,and pay attention to the distribution and balance of interests.The second chapter analyzes the legal relationship between the legal subjects of the third-party collection business of consumer credit loans and the status quo of legal regulation in this business.The first section of this chapter mainly analyzes the legal relationship between borrowers,lenders,and third-party collection agencies and the rights and obligations of all parties.The second section reviews the current legal regulations in the business and conducts detailed searches on the cases involved in the improper collection actions.This will pave the way for subsequent issues.The third chapter analyzes the legal issues of the third-party collection business of consumer credit loans.The chapter is divided into four sections.The first section describes the legal positioning blank of the third-party collection business of consumer credit loans,which is embodied in the market access blank of third-party debt collection agencies and the qualification management blank of the collection of employees.Section II discusses the anomia of behavior of third-party collection services for consumer credit loans,including the absence of legal provisions for the objects,time,methods,and remedy mechanisms of the collection,and the disputes among business self-regulation,foreign legislation and China's judicial cases regarding to the rationality of the use of social circles for debt collection.The thirdsection introduces the lack of supervision of the third-party collection business of consumer credit loans,including the approval phase and the relief phase after improper collection.In the fourth section,the user data security risks of third-party collection services for consumer credit loans are explored.Chapter IV describes the legal regulation of third-party collection business of consumer credit loans.This chapter responds to the questions raised in Chapter 3 and is divided into four sections.The first section proposes to confirm the legal status of third-party collection agencies,including the establishment of institutional access standards and qualification requirements for employees;Section II proposes to introduce special collection rules to strengthen behavior supervision,including the regulation of collection targets,collection time,collection methods,and relief mechanisms.Section Three proposes to clearly competent authorities to be in charge and establish a business self-discipline mechanism;Section IV point out that to balance the protection and utilization of user data.There must be a limit on the scope of information collection,but also on the method to collect.At the same time,reasonable measures must be taken to ensure the safety of the user's personal data obtained.With the further development of China's financial market,the third-party collection agencies of consumer credit loans will increase in a large-scale manner.Therefore,it is an inevitable trend to include the third-party debt collection agencies in the legal system orbit and promote their specialized development.It is also demanded by the blooming the China's consumption finance and inclusive finance.The problems faced by the third-party collection business of consumer credit loans should be taken very seriously.By clarifying the theory of financial consumer protection and the theory of balance of interests,regulatory efforts should be better grasped and ultimately to improve the legal systems related to this business.Only in this way can the third-party collection of consumer credit loans business develop further and lay on a solid foundation.