以立法指引第三方债务催收行业的健康有序发展

To Guide the Healthy and Orderly Development of the Third-party Debt Collection Industry by Legislation

由于我国尚未建立起在全国范围内普遍有效的诚信监督体系,致使商业银行等金融机构中的"烂账"不断增多,社会中欠钱不还、甚至将人民法院生效判决视为无物的"老赖"横行,严重阻碍了金融行业的高速、健康发展。在这种社会背景下,第三方债务催收行业在我国悄然兴起并在促进经济发展、实现债权救济领域中起到了重要作用。但由于相关监管法律的缺位,第三方债务催收行业在发展过程中也出现了一系列的不规范现象。借鉴国外经验,结合我国社会发展现实制定一部《第三方债务催收基本法》、实现对第三方债务催收行业的立法引领与监管,就成为解决这一难题的当务之急。

As China has not yet established a nationwide effective credit supervision system,the number of"bad debts"in commercial Banks and other financial institutions keeps increasing,and the society is plagued by"laolai"who owe money but do not pay back,or even regard the effective judgment of the people’s court as nothing,which seriously hinders the rapid and healthy development of the financial industry.Under this social background, third-party debt collection industry has emerged quietly in China and played an important role in promoting economic development and realizing debt relief.However, due to the absence of relevant regulatory laws,a series of non-standard phenomena have also appeared in the development of third-party debt collection industry.Drawing lessons from foreign experience and combining with the reality of China’s social development,the formulation of a basic law on third-party debt collection and the realization of legislative guidance and supervision of the third-party debt collection industry have become an urgent task to solve this problem.