论消费信贷法律制度的完善
发布时间：2019-05-28 19:12
【摘要】：随着改革开放的不断深化，市场经济由卖方市场向买方市场的过渡，消费信贷快速发展起来，为内需的扩大，经济的增长作出了巨大贡献。然而，法律制度的不完善，在一定程度上制约了我国消费信贷的发展。本文运用比较法、规范分析和实证研究相结合等方法，从完善我国消费信贷法律制度的角度出发，试图提出有利于消费信贷发展的立法建议，以此促进消费信贷的稳健发展。 本文分三部分： 第一部分分析消费信贷产生的社会根源和历史演变，从总量和结构上介绍消费信贷的发展现状。通过对我国消费信贷立法现状的综述，指出我国消费信贷法律制度存在的问题。 第二部分介绍国外消费信贷的法律制度，从消费信贷法律体系、消费者权益保护机制、个人信用制度、风险防范机制四方面分析美国、英国、法国、澳大利亚等发达国家的先进立法，通过比较研究，，以期为我国消费信贷法律制度的完善提供借鉴。 第三部分是全文的重点，从加快制定《消费信贷法》、完善消费信贷中的消费者权益保护机制、完善消费信贷中的个人信用制度和完善消费信贷中的风险防范机制四个方面，提出构建我国消费信贷法律制度体系的基本思路。
[Abstract]:With the deepening of reform and opening up, the transition of market economy from seller's market to buyer's market, consumer credit has developed rapidly, which has made great contributions to the expansion of domestic demand and economic growth. However, the imperfection of the legal system restricts the development of consumer credit in China to a certain extent. By using the methods of comparative method, normative analysis and empirical research, this paper tries to put forward some legislative suggestions conducive to the development of consumer credit from the point of view of perfecting the legal system of consumer credit in order to promote the steady development of consumer credit. This paper is divided into three parts: the first part analyzes the social root and historical evolution of consumer credit, and introduces the development status of consumer credit from the total amount and structure. This paper summarizes the present situation of consumer credit legislation in China, and points out the problems existing in the legal system of consumer credit in China. The second part introduces the legal system of foreign consumer credit, and analyzes the legal system of consumer credit, consumer rights and interests protection mechanism, personal credit system and risk prevention mechanism from four aspects: the United States, the United Kingdom and France. The advanced legislation of Australia and other developed countries, through comparative study, in order to provide reference for the improvement of the legal system of consumer credit in China. The third part is the focus of the full text, from four aspects: speeding up the formulation of the Consumer Credit Law, perfecting the consumer rights and interests protection mechanism in the consumer credit, perfecting the personal credit system in the consumer credit and perfecting the risk prevention mechanism in the consumer credit. This paper puts forward the basic ideas of constructing the legal system of consumer credit in China.
【学位授予单位】：暨南大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D922.282
[Abstract]:With the deepening of reform and opening up, the transition of market economy from seller's market to buyer's market, consumer credit has developed rapidly, which has made great contributions to the expansion of domestic demand and economic growth. However, the imperfection of the legal system restricts the development of consumer credit in China to a certain extent. By using the methods of comparative method, normative analysis and empirical research, this paper tries to put forward some legislative suggestions conducive to the development of consumer credit from the point of view of perfecting the legal system of consumer credit in order to promote the steady development of consumer credit. This paper is divided into three parts: the first part analyzes the social root and historical evolution of consumer credit, and introduces the development status of consumer credit from the total amount and structure. This paper summarizes the present situation of consumer credit legislation in China, and points out the problems existing in the legal system of consumer credit in China. The second part introduces the legal system of foreign consumer credit, and analyzes the legal system of consumer credit, consumer rights and interests protection mechanism, personal credit system and risk prevention mechanism from four aspects: the United States, the United Kingdom and France. The advanced legislation of Australia and other developed countries, through comparative study, in order to provide reference for the improvement of the legal system of consumer credit in China. The third part is the focus of the full text, from four aspects: speeding up the formulation of the Consumer Credit Law, perfecting the consumer rights and interests protection mechanism in the consumer credit, perfecting the personal credit system in the consumer credit and perfecting the risk prevention mechanism in the consumer credit. This paper puts forward the basic ideas of constructing the legal system of consumer credit in China.
【学位授予单位】：暨南大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D922.282
【引证文献】
相关期刊论文 前3条
1 夏少敏;陈真亮;;消费信用法研究的回顾、反思与展望[J];时代法学;2009年04期
2 张涛;;浅析美国次贷危机法律监管问题[J];税务与经济;2009年03期
3 黄璇;刘sョ
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