Research On Legal Problems Of The Transfer Of Credit Assets Income Right

This paper analyzes the operation practice of the transfer of credit assets income right.The focus is on the current financial regulatory policy and related trial practice of this business,and put forward appropriate and feasible Suggestions for improvement.In view of the unclear legal nature of the transfer of credit assets income right,this paper first discusses the theoretical point of view.Then in combination with the practice of the transfer of credit assets income right business,mainly introduces the current regulation and operation mode of this business.As a product of financial innovation,the transfer of income rights has increasingly become an important part of the credit business of commercial banks.Finally,based on the current normative policies and relevant judicial practice cases,this paper discusses the existing prominent legal issues,and puts forward feasible suggestions on perfecting legal norms,strengthening judicial functions and standardizing business practices.The first part is an overview of the transfer of credit assets income right.Firstly,combining with the existing specification documents,the specific meaning of the transfer of credit assets income right is clarified.Then,when discussing the legal nature of the the transfer of credit assets income right,three main theories in the theoretical field are analyzes.After reviewing the above three theories,the author advocates that the transfer of credit assets income right is common property creditor’s right.According to this qualitative,this paper introduces the specific right content of income right,and finally discusses the actual utility of carrying out the transfer of credit assets income right from the external function.The second part is the introduction of the current situation of the transfer of credit assets income right.As a product of financial innovation,the transfer of credit assets income right is characterized by practice prior to regulation.With the in-depth development of the business,the relevant adjustment specifications are constantly improved,but also formed a relatively fixed operation practice.The third part mainly discusses the existing legal problems of the transfer of credit assets income right from the three aspects of legislation,judicial trial and business practice.From the perspective of legislation,the legal nature of the transfer of credit assets income right is not clear,and the level of normative documents is not high.In the judicial trial,when the business involved in litigation,the relevant legal issues are more controversial.In terms of business practice,the centralized registration of income right transfer business and the managementand disposal of credit assets should be more perfect and standardized.The fourth part puts forward some suggestions on the legal issues.Firstly,the author puts forward that in legislation,we should first clarify the legal nature of the transfer of credit assets income right,and grasp the effective connection between administrative regulations and departmental rules in technical operation.In the judicial trial,we should unify the judgment thinking and judging scale of the dispute over the transfer of credit assets gains right and intensify the substantive examination.In the business practice,further play the function of centralized registration,and improve the provisions on the joint management and disposal of credit assets.