|
导读: 这是一篇金融学assignment范文，讨论了消费信贷。消费信贷作为消费信用形式之一，是在买方市场的条件下，金融机构向消费者个人提供的用来满足其消费方面的货币需求的贷款，是市场经济条件下利用信贷手段促进消费品购销的重要方式。提供信用的债权人是商业银行，接受信用的债务人是个人消费者。消费信贷也是一种人为刺激个人消费需求、促进生产发展的手段，具有巨大的发展潜力。 As one of the forms of consumer credit, consumer credit is the loan provided by financial institutions to consumer individuals to meet their consumption monetary demand under the conditions of the buyer's market, and is an important way to promote the purchase and sale of consumer goods under the conditions of market economy. The creditor that offers credit is commercial bank, the debtor that accepts credit is individual consumer. Consumer credit, as a means to stimulate personal consumption demand and promote production development, has great development potential. 作为消费信贷的一种形式，消费信贷是指金融机构向消费者提供的贷款，以满足其在买方市场条件下的消费货币需求，是促进消费者购买和销售消费品的重要途径。 市场经济条件。 提供信贷的债权人是商业银行，接受信贷的债务人是个人消费者。 消费信贷作为刺激个人消费需求，促进生产发展的手段，具有很大的发展潜力。 In early 1999, dai xianglong, governor of the people's bank of China, once again stressed that qualified commercial Banks would be allowed to pilot some new types of credit business, truly "promoting the growth of consumer demand as an important measure to promote economic growth". 1999年初，中国人民银行行长戴祥龙再次强调，合格商业银行将被允许试点一些新型信贷业务，真正“促进消费需求增长作为促进经济增长的重要举措””。 In response to the call, commercial Banks have provided more opportunities and choices for consumers in terms of the types and objects of consumer credit, interest rate, term and repayment method, etc. according to their own characteristics. For example, China construction bank is ready to link consumer credit with housing development. The bank of China focuses on the development and promotion of new types of businesses such as large consumer durables loans and education student loans. The agricultural bank is studying how to push consumer credit to the countryside. The bank of communications has established the personal consumption credit department, which is specialized in consumer credit business. It can be predicted that China's consumer credit business has a huge market prospect. How to strengthen the legal management of consumer credit has been put on the agenda. To promote consumer credit business, Banks made some corresponding measures for the standardized management and services of these regulations and the service is not legally binding, of course, as a result, the commercial Banks to develop consumer credit business and individual citizens apply for consumer credit is still basically used "commercial bank law", "general" regulations on the loan contract and other relevant provisions of the laws and regulations. As a retail business of a bank, consumer credit has its own unique business rules. However, there is no specific laws and regulations in China on consumer credit to protect the rights and interests of consumers, sellers and financial institutions, resulting in many problems that cannot be ignored: In order to promote their own products, the bank in order to promote their credit variety, often exaggerated advertising to lure consumers; some advertisements even create a feeling in consumers' minds that it would be a sin not to own a product now. Some advertisement name is not true, give consumer a kind of misdirect, waited to accept goods or service hind, just discover big go up its when. For example, there is an advertisement that says: "when you buy a residence in the garden of XXX in installments, you can have a piece of green land of 140 square meters". When a consumer buys a commercial house, he finds that the so-called "green land" in the advertisement is nothing but a fiction. Because there are no special laws and regulations for the interest of consumer credit, the reimbursement means make a standard as well as the total cost of consumer credit, consumer consumption credit of commercial bank to provide the relevant conditions of whether don't know, and also there are few alternatives, consumers are often in a passive position, either passively accepting bank provide these conditions, or refused to accept consumer credit. Housing, cars and other high-grade durable consumer goods consumption credit generally involves two contracts, namely the credit contract between Banks and borrowers as well as the sales contract between the borrower and sales business, some countries put the consumer loan was called restrictive loan, this form of consumer credit is the most common form of consumer credit. The relationship between these two contracts has not been stipulated by law in China, which has caused many problems and seriously affected the promotion of consumer credit, specifically in the following two aspects: The consumer who applies for consumer credit thinks that there is a mutual restrictive relationship between the two contracts. On the other hand, if the consumer does not get a loan, he is under no obligation to take delivery of the goods or to pay the seller. However, financial institutions and sellers often proceed from their own interests, which leads to the inconsistency of the contract among Banks, borrowers and sellers. In the housing consumption credit, the consumers think that they must borrow money from the bank first, and then they can make housing payments to the real estate developers. And estate development business holds to hold to think, the client that can give buy a house only when the money of consumer own money and bank loan all arrive account hind can deal with property right card; The bank thinks consumer should deal with the mortgage of the house to register, wait for after mortgage contract becomes effective, ability makes loan to the client, but consumer does not get house property right card before cannot deal with mortgage to register, do not get loan thereby. This cycle still haunts consumers, commercial Banks and vendors. That is, whether the non-performance of one contract or the performance of non-compliance with the contract, will inevitably affect the performance of another contract. In the practice of consumer credit in China, once the performance of a credit contract or a sales contract fails to conform to the contract, it will affect the performance of another contract in most cases. Typical cases occur mainly in the installment purchase of commercial housing or other high-end durable goods. For example, if the quality of commodity houses or other high-end durable consumer goods purchased by consumers does not conform to the contract, a lot of consumers will refuse to continue repayment in installments to the bank, resulting in the loss of the bank's interests. Or if the bank fails to provide the agreed payment to the consumer in accordance with the credit contract, the consumer will refuse to fulfill his obligations in the sales contract, resulting in the loss of the seller's interests. Consumption credit is debt consumption, debt is a credit relationship. In the process of start the consumption credit in our country, has yet to establish the personal credit system, mainly manifested in two aspects: one is not a natural person's identity, individual account, source of income, personal can be used for mortgage assets, and to evaluate the past credit conditions, and so on and so forth and investigation system, no family property registration system, personal bankruptcy system, less personal credit status professional credit rating accrediting agencies; Second, the income of residents has not been fully monetized, and the lending institutions can not calculate and verify the actual income level of residents. Therefore, consumer credit institutions cannot understand the credit of residents, which is not conducive to the development of consumer credit, and it is necessary to strengthen the legislation of consumer credit system. Consumer loans often require consumers to provide guarantee, but the current "guarantee law" and relevant laws and regulations on guarantee, only the production credit norms, resulting in difficult operation of consumer credit in guarantee. There are four ways to guarantee the consumer credit of housing, automobile and other durable consumer goods, namely mortgage, pledge, guarantee and mortgage plus guarantee. Among these ways, the most convenient and fast to handle at present, and the most frequently used one is pledge. The borrower should give the loan bank the deposit slip that the face value that oneself or other people signs to agree or not is not less than loan total amount or Treasury bill and so on negotiable securities serve as pledge, sign "loan contract" and "pledge contract" with loan bank, pay the first period payment of 20% above commodity price that buys, can do formalities at the soonest two days. However, if the owners of the securities are in urgent need of funds, it cannot be solved under the existing guarantee laws and regulations. The most complicated procedure is to apply for consumer loan by means of mortgage, for example, by using house property as mortgage, involving the mortgage registration of house, value assessment, notarization and other means. On the one hand, the cycle is long; on the other hand, consumers have to bear certain costs, such as attorney fees, evaluation fees, notary fees, etc., which increases the burden of consumers. In addition, proof of ownership of property that consumers can use as collateral is still very limited. In practice, it is even more difficult to operate the guarantee method of selecting a third party as a guarantor. First, it is difficult to find a guarantor. The number of natural persons who meet the guarantee conditions is extremely limited. Will tell from another Angle, now unit undertakes personnel system reform, personnel fluidity increases, unit is a lot of worker are recruit, although formal worker also is faced with be laid off triage, unit if offer assure for the worker, be about to assume quite big risk, so the unit is unwilling to make assure for the worker. In addition, the poor law enforcement environment of guarantee is also a very thorny issue. For example, if the borrower fails to repay the mortgage on schedule, it is very difficult to enforce the mortgage, and the poor handling may cause a small range of social shocks.#p#分页标题#e# According to statistics, China now has 150 million people enjoying pension and medical insurance benefits, accounting for only 12% of the total population. That is to say, 88% of China's people are responsible for their health and safety. Take shenzhen for instance, the number that joins endowment insurance of primary insurance, society medical treatment to be sure occupies shenzhen only 14% and 12%, add the insurance business that the insurance company of other company nature handles, the population rate that enters social security system is very small still. With the change of industrial structure, many uncertain factors have appeared in the employment situation of residents. If it is impossible to provide residents with stronger living security and social security, the space of consumer credit extension will be very limited. At present, China does not have a unified legal system of social security, such as pension, disease and unemployment, and some of the regulations that have been issued are not authoritative because of their low level of legislation, which greatly impedes the promotion of consumer credit. Consumer credit has become very common in western developed countries. There are corresponding laws and regulations to regulate every process and link of consumer credit, advertising of consumer credit, conclusion of contract, content of contract, performance of contract, breach of contract and handling of responsibility. Then there is government control. Drawing on the experience of western developed countries in developing consumer credit over the past 100 years, China has established and improved relevant laws and regulations, promoted supporting reforms, and created a favorable legal environment for the development of consumer credit business. |
 |
|||
| 网站地图 |
