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金融是现代经济的核心,银行业既是金融的重要组成部分,又是特殊的高风险行业,只有做好银行风险防范工作才能确保银行安全,甚至经济形势的稳定。在发生逾期不良贷款时,商业银行依靠自身力量催收往往受人力、精力、手段等限制,效果不是很理想。在此情况下,借鉴发达国家通行做法,出于降低经营成本、加大催收力度的考虑,将逾期不良贷款催收业务适当外包给第三方催收机构是不错的选择,但实践中商业银行催收外包面临着一定的法律风险,也存在诸多的问题。本文结合某股份制商业银行的催收外包模式,拟就催收外包业务进行法理分析、剖析法律风险,并在此基础上提出完善建议。
Finance is the core of modern economy. Banking is not only an important part of finance, but also a special high-risk industry. Only when bank risk prevention work is done can it ensure the safety of banks and even stabilize the economic situation. In the event of overdue non-performing loans, commercial banks rely on their own strength is often subject to the collection of manpower, energy, tools and other restrictions, the effect is not very satisfactory. Under such circumstances, drawing on the common practice of developed countries, it is a good idea to properly outsource overdue NPL collection to third-party collection agencies for the purpose of lowering operating costs and increasing collection efforts. However, in practice, commercial banks face outsourcing With a certain legal risk, there are also many problems. Based on the collection outsourcing model of a joint-stock commercial bank, this paper intends to conduct a legal analysis on the collection outsourcing business, analyze the legal risks, and put forward suggestions on the basis of this.