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在供给侧结构性改革的大背景下,银行业不良资产处置是一项极其重要且长期的工作,但当前相关法律制度存在部分已有制度严重滞后、应有重要规则缺失、部分制度有效性不明确等问题,严重影响金融风险防控、国有资产保护及社会诚信体系建设,亟待完善。笔者认为,良好的法律制度,必须从实践出发,及时修改、完善,并不断接受实践的检验。在此基础上,建议一方面研究重构不良资产处置法律制度体系;另一方面,按照急用先行、慎立多修的原则,对现有法律制度予以修订完善。
In the context of supply-side structural reform, the disposal of non-performing assets in banking industry is an extremely important and long-term task. However, there are some existing systems in the relevant legal system that are seriously lagging behind, important rules should be missing, and some of the systems are ineffective Clearly, these problems seriously affect the prevention and control of financial risks, the protection of state-owned assets and the construction of a social credit system, which are in urgent need of improvement. The author believes that a good legal system must proceed from practice, modify and perfect in time, and continue to accept the test of practice. On this basis, it is suggested to study the system of legal system for the reconstruction of non-performing assets on the one hand; on the other hand, the existing legal system should be revised and perfected in accordance with the principle of urgent use and prudence.