Research On Legal Issues Of Online Disposal Of Personal Non-Performing Assets

With the development of the financial service industry,lending institutions(mainly financial institutions)target loan entities and loan businesses that are diversified.Among them,the loan business with natural persons as the main borrower occupies a certain proportion,and the solvency of natural persons is often low For other lenders(mainly companies or other organizations),coupled with the recent outbreak of the new crown epidemic,economic development has been affected to a certain extent,which has led to a skyrocketing trend of personal non-performing assets.It is worth studying how to dispose of personal non-performing assets efficiently and at low cost while protecting the legal rights and interests of lenders and lending institutions.The rise of network technology has not only brought a lot of convenience to people’s lives,but also brought new ideas for the disposal of non-performing assets.Compared with the traditional way of disposing of non-performing assets,the online disposal of personal non-performing assets has outstanding advantages such as fast speed,low cost,and high efficiency.In view of the inadequate supervision and management of loans and unsound information disclosure in the traditional disposal of personal non-performing assets,the online disposal of personal non-performing assets can also be effectively overcome:online disposal can use Internet technology to match buyer and seller information and integrate asset value to achieve Multi-party profit optimization.However,the online disposal of personal non-perforrming assets has brought new legal issues.First of all,in the process of online collection of unsecured personal non-performing assets,there are illegal information acquisitions that lead to personal information leakage and induce personal information security issues;secondly,against For secured personal bad assets,although online auctions can expand bidder’s participation,strengthen debt disposal,solve the problem of secured property,and quickly realize debts,there are also online auction platforms and sellers that can easily evade responsibility and auction.The rights and obligations of the two parties are not equal,the transferee is not comprehensive,the information disclosure of online auction is not perfect,the supervision system is not perfect,and other issues that infringe on the rights of bidders.To solve the legal problems in the online disposal of personal non-performing assets,we should clarify the legal responsibilities of the online platform and the seller to prevent the online platform and the seller from evading their obligations;expand the online disposal of bulk transferees,and strengthen the disposal of bulk transfers of personal loans;strengthen the online Disposal information review and disclosure,reduce the defects of the subject matter to protect the interests of bidders;build a smart collection compliance review system,which can improve the coverage of smart collection while effectively ensuring that personal information is not leaked;strengthen the personal non-performing asset disposal supervision system Promote the transparency and efficiency of supervision,and the integrity of law and governance;innovate new judicial auction models,introduce third-party service agencies,insurance systems and electronic deposit systems,and protect the interests of clients,bidders,and online platforms to optimize the online disposal system of personal non-performing assets.