风险补偿机制:风险分担与责任对等

Risk Compensatory Mechanism: Risk-taking and Equivalent Responsibility

探讨国家助学贷款风险补偿机制。对高校而言,由其承担部分风险补偿金是风险补偿机制对违约责任承担方界定的角色错位。由高校承担风险补偿金是让高校过多地承担了超过其义务的责任。从各国对拖欠贷款进行的风险规避与利益保障所采取的措施来看,由高校来承担一部分风险,规定其支付一定的费用也是鲜有的。在该机制中,对高校而言,其分担的风险与其应负责任并不对等。

This paper discusses the risk compensatory mechanism of State's Students' Loans. So far as university is concerned,taking part of the responsibility of risk compensatory special funds is a mistake made by risk compensatory mechanism in defining the liabilities for breach of contract.It is beyond the responsibility of university.It is a rare practice for university to take part of the risk and pay certain amount of cost from the measures taken by other countries in dealing with this problem.In this mechanism,as far as the university is concerned,there is no equivalence between the risk-taking and the responsibility.