A Study on Debt Collection from the Perspective of Private Remedies
Faced with the limitation of insufficient public remedies,creditors temporarily bypass judicial remedies and entrust third-party debt-collection agencies to collect their claims on their behalf,which demonstrates the tension between the debt-claim relationship and judicial remedies,and between the debt-claim relationship and the principal-agent relationship.And the latter also presents the phenomenon of alienation of the system,which makes debt collection easy to overstep the civil right of claims and to be illegal.Debt collection agencies help creditors to realize their claims,mostly without the help of public initiatives,and are essentially associated with private remedies or self-help behavior for the realization of claims,which has the advantages of relative certain costs and benefits,flexibility and efficiency,etc.At the same time,it is faced with difficulties such as defects in the generation mechanism,poor industry development and unflexible mechanism,which easily lead to a series of legal problems and form the governance crisis of private remedies.The main reason for the crisis is that most collection agencies may have deformed compensation mechanisms,misunderstandings of functional positioning and unclear behavior boundaries.The existence of private remedies has its reasonableness,but the boundaries should be clearly defined-that is to say,they can only assist public remedies within the limits allowed by law.The collection industry should make targeted adjustments,build the standards of the collection industry,improve the integration with judicial activities,realize the conversion of the generation mechanism,and avoid the risk of the rule of law that is difficult to be relieved.
debt collectionclaimsprivate remediespublic remediesrule of law
万方数据
维普
