People's Bank of the promulgation of the "loans General Clauses" the implementation of more than four years, to standardize the financial institutions of credit, guard against and defuse financial risks, according to the law protection of financial claims, has played a very big role. However, with the market economy continue to improve and perfect, many of the new content to add, modify value "loans General Clauses" machine, the special combination of practice, made the following recommendations for consideration by the relevant departments of reference:
First, the proposed amendments to the "loans General Clauses" in the name of the State Council to publish, so that it will become an administrative regulations. According to the provisions of the Supreme People's Court, "General Clauses loans" as administrative regulations in the financial dispute in the case only in the light of the effectiveness of the people's courts have decided whether to refer the power. Once the "loan General Clauses" as administrative rules and regulations, the people's courts in hearing cases of financial disputes must put it on as an effective basis, can maximize the protection of the legitimate rights and interests of financial institutions, effectively guard against and defuse financial risks.
Second, the people's trust by the head office had made a loan, but it does not have universal applicability. Proposals on the eligibility of clients (that is, units and individuals which can be used as loans client, enterprises should be excluded), the client's rights and obligations of the trustee (financial institutions) the rights and obligations, with the rights and obligations of funding, commissioned by the , Trustee and funded by the relationship between the handling of disputes and to make specific provisions to prevent clients from their own will should be the responsibility of the trustees to the detriment of the legitimate rights and interests of financial institutions.
Third, the proposed granting of financial institutions limit the interest immunity. "General Clauses loans" provided interest relief to be approved by the State Council, will own the truth, but in practice is not conducive to financial institutions Panhuo a large number of non-performing assets. To meet the conditions of the loan limit (usually belonging to non-performing loans), granted financial institutions must limit the interest immunity, is conducive to financial institutions, according to the actual situation flexibility, the maximum Panhuo funds. The proposed grant financial institutions interest receivable 5-20 percent of the interest immunity.
Fourth, a clear admission to loan-to-income to the effectiveness of loan-to-loan practices. Admission to loan-to-income, the loan-to-loan practices are prevalent in the financial institutions, in essence, is without prejudice to the state, the collective or the borrower's interests, Panhuo non-performing assets is one of the ways. But in judicial practice, a considerable part of people's courts for loans to interest rates, loan to loan-to-violation of financial laws and regulations of the reasons, the judgement against financial institutions, financial institutions undermined the legitimate claims. Admission to the proposed loan-to-income, the loan to loan-to-be certainly a positive act from the same time pay attention to coordination of financial institutions, the relationship between borrower and the guarantor, that is to guarantee the protection of the rights and the protection of the financial institutions lending claims.
Fifth, the deduction to act to make clear. Deduction to recover the loans of financial institutions is an effective way to the principal and interest, but in the judicial practice of the past, people's courts based on judicial interpretation of that deduction or violations, financial institutions, the return of judgement "illegal" to the loan principal and interest deduction, this judgement is not Reasonable, serious damage to the financial institution's legitimate rights and interests. According to the "Contract Law", a deduction to offset the exercise of the right of creditors a way, is a legitimate act. Proposal stipulates that financial institutions after the expiration of the loan has not been repaid, the borrower can, jointly and severally liable guarantor (the general sponsor may not take a deduction or measures) within the account money to be deducted.
6 At present, the state-owned and collective enterprises in the restructuring phase, but some local governments for local protection of improper purpose, instigation or help enterprises to take all measures Taofei financial institutions debt, and some local government creditors in enterprise restructuring provisions during the The debtor may not recourse debt, or even illegal and force the people's court shall not be admissible in restructuring enterprises as the defendant's case, the so-called debt Taofei the "restructuring" again after the completion of admissibility. These abnormal behavior, the claims of financial institutions caused tremendous threat, a direct bearing on the quality of assets of financial institutions and creditor of the loan guarantee issue, in fact relates to the financial order and stability of the financial risk of a major issue, the proposal on the protection of financial institutions Legal claims, to stop enterprises (especially the auspices of or participation in local government) Taofei financial claims of a practical requirement.
"General Clauses loans," the amendment relates to all aspects of technical and strong, the People's Bank for a full investigation and study, we have reason to believe that the revised "General Clauses loans" will be even more perfect, to a greater extent the protection of the legitimate financial institutions Rights and interests, safeguarding the stability of the financial order.
First, the proposed amendments to the "loans General Clauses" in the name of the State Council to publish, so that it will become an administrative regulations. According to the provisions of the Supreme People's Court, "General Clauses loans" as administrative regulations in the financial dispute in the case only in the light of the effectiveness of the people's courts have decided whether to refer the power. Once the "loan General Clauses" as administrative rules and regulations, the people's courts in hearing cases of financial disputes must put it on as an effective basis, can maximize the protection of the legitimate rights and interests of financial institutions, effectively guard against and defuse financial risks.
Second, the people's trust by the head office had made a loan, but it does not have universal applicability. Proposals on the eligibility of clients (that is, units and individuals which can be used as loans client, enterprises should be excluded), the client's rights and obligations of the trustee (financial institutions) the rights and obligations, with the rights and obligations of funding, commissioned by the , Trustee and funded by the relationship between the handling of disputes and to make specific provisions to prevent clients from their own will should be the responsibility of the trustees to the detriment of the legitimate rights and interests of financial institutions.
Third, the proposed granting of financial institutions limit the interest immunity. "General Clauses loans" provided interest relief to be approved by the State Council, will own the truth, but in practice is not conducive to financial institutions Panhuo a large number of non-performing assets. To meet the conditions of the loan limit (usually belonging to non-performing loans), granted financial institutions must limit the interest immunity, is conducive to financial institutions, according to the actual situation flexibility, the maximum Panhuo funds. The proposed grant financial institutions interest receivable 5-20 percent of the interest immunity.
Fourth, a clear admission to loan-to-income to the effectiveness of loan-to-loan practices. Admission to loan-to-income, the loan-to-loan practices are prevalent in the financial institutions, in essence, is without prejudice to the state, the collective or the borrower's interests, Panhuo non-performing assets is one of the ways. But in judicial practice, a considerable part of people's courts for loans to interest rates, loan to loan-to-violation of financial laws and regulations of the reasons, the judgement against financial institutions, financial institutions undermined the legitimate claims. Admission to the proposed loan-to-income, the loan to loan-to-be certainly a positive act from the same time pay attention to coordination of financial institutions, the relationship between borrower and the guarantor, that is to guarantee the protection of the rights and the protection of the financial institutions lending claims.
Fifth, the deduction to act to make clear. Deduction to recover the loans of financial institutions is an effective way to the principal and interest, but in the judicial practice of the past, people's courts based on judicial interpretation of that deduction or violations, financial institutions, the return of judgement "illegal" to the loan principal and interest deduction, this judgement is not Reasonable, serious damage to the financial institution's legitimate rights and interests. According to the "Contract Law", a deduction to offset the exercise of the right of creditors a way, is a legitimate act. Proposal stipulates that financial institutions after the expiration of the loan has not been repaid, the borrower can, jointly and severally liable guarantor (the general sponsor may not take a deduction or measures) within the account money to be deducted.
6 At present, the state-owned and collective enterprises in the restructuring phase, but some local governments for local protection of improper purpose, instigation or help enterprises to take all measures Taofei financial institutions debt, and some local government creditors in enterprise restructuring provisions during the The debtor may not recourse debt, or even illegal and force the people's court shall not be admissible in restructuring enterprises as the defendant's case, the so-called debt Taofei the "restructuring" again after the completion of admissibility. These abnormal behavior, the claims of financial institutions caused tremendous threat, a direct bearing on the quality of assets of financial institutions and creditor of the loan guarantee issue, in fact relates to the financial order and stability of the financial risk of a major issue, the proposal on the protection of financial institutions Legal claims, to stop enterprises (especially the auspices of or participation in local government) Taofei financial claims of a practical requirement.
"General Clauses loans," the amendment relates to all aspects of technical and strong, the People's Bank for a full investigation and study, we have reason to believe that the revised "General Clauses loans" will be even more perfect, to a greater extent the protection of the legitimate financial institutions Rights and interests, safeguarding the stability of the financial order.
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