我国负责任贷款制度的构建

发布时间：2018-03-06 02:09

  本文选题：过度负债　切入点：负责任贷款　出处：《广西大学》2015年硕士论文　论文类型：学位论文

【摘要】：近年来,许多地区不同程度地爆发卡债危机、次贷金融危机、微型金融危机,究其原因,贷款人不负责任贷款行为导致的过度负债问题成为金融危机频发的重要原因之一。为治理过度负债问题、预防经济危机、稳定金融市场,各个国家纷纷采取措施,负责任贷款制度就成为解决过度负债问题的最佳工具之一。负责任贷款制度要求贷款人要坚持贷款“适当性”原则,负责任的履行法定和约定义务,对借款人的还款能力、贷款需求和目的、风险等级等进行评估,并不得将不适合的产品提供给借款人。构建负责任贷款制度是金融贷款业的一场深刻的变革：在贷款理念上,不仅要考虑到贷款人的利益、评估借款人的还款能力,还要考虑到贷款产品是否满足借款人的贷款目的和需求；在贷款措施上,许多国家根据本国的国情制定法律法规和规章,并将负责任贷款制度的理念和要求细化为具体措施,制定法律责任保证措施的实行。本文通过对域外关于负责任贷款制度的规定进行考察,与我国当前的贷款规定对比,发现我国金融贷款业的漏洞和不足,借鉴域外经验,构建适合我国国情的负责任的贷款制度,对我国负责任贷款制度的核心义务、法律责任进行设计。
[Abstract]:In recent years, many regions have broken out, to varying degrees, the card debt crisis, the subprime financial crisis, and the micro-financial crisis. The excessive debt problem caused by the irresponsible loan behavior of the lender has become one of the important reasons for the frequent financial crisis. In order to control the excessive debt problem, prevent the economic crisis and stabilize the financial market, various countries have taken measures one after another. The responsible loan system has become one of the best tools to solve the problem of excessive debt. The responsible loan system requires the lender to adhere to the principle of "appropriateness" of the loan, to responsibly fulfill the legal and contractual obligations, and to repay the borrower's ability. Credit needs and purposes, risk ratings, etc., and not to offer unsuitable products to borrowers. Building a responsible lending system is a profound change in the financial lending industry: in terms of lending ideas, Take into account not only the interests of the lender, but also the ability of the borrower to repay, as well as whether the loan product meets the borrower's purpose and needs. In terms of loan measures, many countries have formulated laws, regulations and rules according to their national conditions. The concept and requirements of the responsible loan system are refined into concrete measures, and the implementation of legal liability guarantee measures is formulated. This paper makes an investigation on the provisions of the extraterritorial responsible loan system, and compares them with the current loan provisions in China. This paper finds out the loopholes and shortcomings of the financial loan industry in our country, draws lessons from the overseas experience, constructs the responsible loan system suitable for the national conditions of our country, and designs the core obligation and legal responsibility of the responsible loan system of our country.
【学位授予单位】：广西大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：F832.4
，

本文编号：1572867