论文部分内容阅读
前一阶段,金融秩序紊乱,应该说是我国经济生活中的一个突出问题.为此,党中央、国务院决定整顿金融秩序、严肃金融纪律,加速回收资金,是完全正确的,也是非常及时的.为了有效地预防和减少借款合同纠纷案件的上升,促进经济建设的发展,笔者就此略陈一管之见.一、人民法院应积极依法审理借款合同纠纷案件,依法保护出贷债权人的合法权益.充分发挥审判职能作用,及时、依法受理此类案件,加快办案节奏,认真地审理好已诉至法院的借款合同纠纷案件,用足用好法律手段,帮助金融单位解决“收贷难”问题.一是对借款方主体变更的案件,要依法正确确定承担还贷义务的主体.对那些虚设分立,将欠贷债务推诿给其中效益差的新企业,经审理查明后,应依法向分立后的各企业共同承担原企业所欠的贷款债务;二是要积极协助银行收回对非银行金融机构发放
In the first stage, the disorder of the financial order should be said that it is a prominent issue in our economic life, and it is entirely correct and timely for the CPC Central Committee and the State Council to decide on straightening out the financial order, serious financial discipline and speeding up the recovery of funds. In order to effectively prevent and reduce the rise of disputes over loan contracts and promote the development of economic construction, the author makes some comments: First, the people’s courts should actively handle disputes over loan contracts in accordance with the law and protect the lawful rights and interests of creditors. Give full play to the role of judicial functions, handle such cases in a timely manner and in accordance with the law, speed up the pace of handling cases, conscientiously handle cases involving loan contracts that have been sued to the courts, and make good use of legal means to help financial institutions solve the problem of “difficult loans and loans.” First, the main changes in the borrower case, according to the law correctly determine the main commitment to repay the debt obligations for those who split the debt owed to the poor efficiency of which new businesses, after the trial identified, according to the law should be split after Of the enterprises to share the loans owed by the original enterprise; secondly, it is necessary to actively help banks to withdraw their loans to non-bank financial institutions