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在扩大内需、鼓励投资、促进消费、抑制通货紧缩、拉动经济增长的宏观经济背景下,发展消费信贷是一项重要手段,在消费信贷之中,核心点是信用问题。信用问题既是一个经济学和经济政策研究的课题,也是一个法律研究和规制的对象,因此,构建信用法律制度特别是个人信用法律制度便提上了议事日程。推进个人信用法律制度建设目前存在一些障碍,具体表现如下。第一,信用制度的法律法规不健全。为了推动消费信贷业务的发展,有关商业银行和金融机构都制定了不少管理规范和服务办法,但这些都没有法律的约束力,在法律依据上基本上沿用《商业银行法》、《贷款通则》、《借款合同条例》及国务院有
Under the macro-economic background of expanding domestic demand, encouraging investment, boosting consumption, curbing deflation and stimulating economic growth, the development of consumer credit is an important measure. In consumer credit, the core issue is credit. The issue of credit is not only a subject of economic and economic policy research, but also a subject of legal research and regulation. Therefore, the construction of credit legal system, especially the personal credit legal system, has been put on the agenda. There are currently some obstacles in advancing the construction of personal credit legal system, as follows. First, the laws and regulations of the credit system are not sound. In order to promote the development of the consumer credit business, relevant commercial banks and financial institutions have formulated a number of management practices and service methods. However, these laws and regulations are not binding. Basically, they follow the Commercial Bank Law, the General Rules for Loans, “,” Loan contract regulations "and the State Council