【作者】 杨秀清；

【导师】 岳彩申；

【作者基本信息】 西南政法大学 ， 经济法学， 2011， 硕士

【摘要】 农户征信是农村征信的主要表现形式之一,农户征信的完善对于农村金融和农村经济的可持续发展至关重要。我国农户征信法律制度具有政策性很强、建立过程是一种激进式的制度变革过程、发展是一个强制的制度变迁过程、发展体现出一定的路径选择等特征,也存在诸多不足。法治是个好东西,使存在明显缺陷的以政策为主的农户征信规制模式转向农户征信法治化——以法制化为前提,完善我国农户征信法律制度,通过法律制度规范和指引我国农户征信乃至农村信用体系建设具有重要意义。本文的研究主线是,在农户征信法律制度基本界定的基础上,立足我国农户征信法律制度的现状,通过对国外征信法律制度典型模式的考察,为我国农户征信法律制度的完善提供启示,进而提出建议。具体而言,除引言和结语外,本文分为五个部分:第一部分通过理清农户征信和农户征信法律制度两个基本概念,归纳我国农户征信法律制度的特征,指出我国农户征信法律制度的特有功能,以展示我国农户征信法律制度的“土壤环境”。第二部分是农户征信法律制度的理论基础,其社会学基础是熟人社会向陌生人社会的嬗变、经济学基础是金融交易成本的节约、法学基础是权利保障。通过这部分的阐述,探寻农户征信法律制度的“根基”所在。第三部分在归纳我国农户征信法律制度现状和特征的基础上,从宏观和微观两个层面指出我国农户征信法律制度所存在的问题,确定全文的“突破口”。第四部分通过国外征信法律制度的考察,为我国农户征信法律制度的完善找寻“两翼”——启示。具体为我国农户征信法律制度的完善应从我国农村的实际出发等。第五部分提出完善我国农户征信法律制度的具体建议,从农户征信主体法律制度、农户征信行为法律制度、农户征信程序法律制度和农户征信责任法律制度四个方面展开。配套法律制度则主要阐述农户征信标准化法律制度和信用法律制度。通过农户征信法律制度体系,形成整体合力为我国农户征信提供制度支撑,助力农户征信法治化的早日实现。更多还原

【Abstract】 Peasant household credit reporting is a major form of rural credit reporting, it is very important for the sustainable development of rural financial and rural economy to perfect the peasant household credit reporting. Peasant household credit legal system of our country has features such as the policy-type is strong, the establishing process is a radical system reform process, and the development is a mandatory institutional transition process and the development reflects a certain path selection. It is also exists lots of deficiencies. Rule of law is a good thing. So it has important meaning to make the pattern of policy mainly regulations with obvious defects steering to the ruling of law of the peasant household credit reporting, which legalization is the premise, standardize and guide peasant household credit reporting of our country and construction of rural credit system through legal system with the perfection of peasant household credit legal system.This research is main about the perfection of peasant household credit legal system of our country with the investigation of the typical models of abroad credit reporting legal system to provide some enlightenment to perfect peasant household credit legal system of our country to a certain amount of thinking, which based on the basic definition of peasant household credit legal system and the present situation of it. Specifically speaking, this article is divided into five parts except preface and epilogue outside:For one thing, the part concludes the characteristics and points out the special features of peasant household credit legal system of our country to display the "soil environment" of it by clearing the meanings of two basic concepts, which are Peasant household credit reporting and Peasant household credit legal system.For the other thing, the part is the theoretical basis of Peasant household credit legal system. The sociology foundation is the transmutation from acquaintances’society to strangers’society. The economics foundation is the cost savings of financial transaction. The legal science foundation is the protection of the rights. This part explores the“foundation”lies of Peasant household credit legal system.Thirdly, this part points out the existing problems in Peasant household credit legal system of our country from the macro and micro level, which based on the summarization of the present situation and features of Peasant household credit legal system of our country, to determine the "breakthrough" of the full text.Fourthly, this part finds "wings"——enlightenment for the perfection of Peasant household credit legal system of our country with the investigation of abroad credit reporting legal system. These specific enlightenments are the perfection of Peasant household credit legal system of our country should be based on the reality of rural, etc.Last but not the least, this part proposes concrete suggestions about the perfection of Peasant household credit legal system. It expands from four aspects that are Peasant household credit subject legal system, Peasant household credit behavior legal system, Peasant household credit procedure legal system and Peasant household credit liability legal system. Supporting legal system is mainly expounds the Peasant household credit standardization legal system and legal system of credit. It forms the power that provides the Peasant household credit reporting of system supporting through the Peasant household credit legal system and even helps the ruling of law of the peasant household credit reporting to be realized as soon as possible.更多还原