With the improvement of living standards, increasing the purchase of private cars people, since in this case, the beginning of the year, Tieling branch of China Construction Bank personal credit service center set up specialized five private car consumption loans full-time customer manager, a "one-stop" services for customers to purchase a car. In order to guard against credit risk to prevent false loan purchase a car, happen, they imposed a full-time manager double field pre loan investigation system, in order to ensure the lender is the ultimate customer loans purchased the vehicle, control of credit risk of loan from the source.

   In Shenyang, the development prospects of the good at the same time also hiding many disadvantages.

   Social problems, automobile consumption loan disputes:

   (a) Bank of the blind pursuit of profits, reduce the threshold of credit review.

   Automobile consumption loan market is a promising good market. If can be benign operation, both banks and car dealers, insurance companies can profit from it. Moreover, automobile consumption loans often have multiple security methods, including insurance, guarantee insurance company car dealer's guarantee, mortgage and guarantee. If the borrower does not repay, may request the guarantor also, banks appear to be lending also have risk out, just waiting to make money from it. But a few years business down, is a large area of the whole, didn't earn money also busy debt. Where is the reason? Mainly bank internal control mechanism does not implement, driven by interests, the blind pursuit of profits, reduce the automobile consumption credit threshold. Specifically manifested in the following aspects: (1) a serious breach of general loan provisions of the loan program, on the borrower's credit rating and its legitimacy, security, profitability and other without review: sloppy lending; (2) the legal consciousness is not strong, loan procedures incomplete, easy to produce holes (; 3) for borrowers to provide collateral guarantee the authenticity, validity and feasibility of right of judicial review is not real, leading to guarantee rights cannot be realized; there are not in accordance with the provisions for the registration of mortgage, unable to realize their priority; (4) to ensure the review is not strict, low requirements, some assurance only in the hundreds of thousands of deposit in the bank account, can become large loan guarantor, reaches a certain amount, the company suddenly quit the bank liquidation, eventually fell into a to dig trap; (5) practice Bank approved by the car dealer agency procedures, quite many people in the purchase a car for automobile consumption loans procedures, without the need to bank business directly, but by the auto dealers to handle personal information inevitably, purchase a car The existence of false, greatly increased owing on the loan risk.

   (two) the insurance company audit policy is not strict, car loan guarantee insurance product design is not reasonable.

   According to the regulations, the insurance company must carry out the credit investigation for the insured in the insurance policies issued before, this is the key to control risk. However, in the pursuit of profit, many insurance companies, car loan guarantee insurance in the form of "packaged" sales, sales staff some companies in order to pull business, to the car loan guarantee insurance, insurance companies in the audit policy leads to quick success, lax supervision, internal control failure, to undertake a large number of high risk policy. There is a car loan guarantee insurance product design is not reasonable. For example: most of the company's insurance liability provisions, 3 months after the occurrence of the insured event, the insured fails to perform the agreed repayment obligations, the insurance company responsible for compensation of all loans insured outstanding and interest and interest, overdue penalty interest. At present, China's credit system is not perfect, the provisions of the insurance companies actually assume joint responsibility to ensure that the repayment of loans, credit risk are passed on to the insurance company, the scope of responsibility is too large, will cause the banks lax and easily induce the borrower moral hazard.

   (three) the car dealers to ignore the risk prevention and the credit review, even adopt all sorts of means a cheat bank loans.

   In practice, some bank signed a "cooperation agreement" car consumption loans and car dealers, as stipulated in the relevant information, to provide loans for the banks needed by dealers and be responsible for the authenticity, legality of the information provided, and the bank is responsible for providing to the car dealer information to review and decide whether to lend. In this way, to the car dealer cheating the customer, set of cheating loan provides a convenient. For example: some car dealers to expand market share, in the process of operation and reduced Shoufu threshold, ignoring the risk and the credit review, and even the emergence of a loan, loan guarantee, malignant invalid phenomenon; some dealers and even zero Shoufu, their bank to provide false payment of invoices, increase the car loan risk; and dealers to deception to the loan purchase a car people sign a blank contract, then in the blank space to fill in the contract is higher than the loan purchase a car loan amount will require money lending for personal use, but the loan purchase a car call is not through bank lending procedures, the original fill the void, causing nominal and real money lender of separation. All automobile consumption loans banks to bring huge risks, easily induced credit crisis.

   Two, legal countermeasures:

   (a) by legislative means, to promote the construction of social credit system.

   The honesty, trustworthiness is an important prerequisite for the sound development of automobile loans, but the establishment of personal credit system in China has just started, the social credit consciousness, the structure of false personal data, Piandai escape - the situation has occurred, commercial banks lack the means necessary for personal credit constraint. In recent years, the people's Bank has taken the lead in Shanghai city began a personal credit joint credit pilot job, obtained certain experience and achievement. By the end of 2004, the people's Bank of Chinese unified national commercial bank organization construction of the personal credit information database entered the stage of trial operation, and in some city open query. The next step to further improve the legal basis for disclosure of personal information, and gradually establish a unified and complete personal credit system throughout the country, and eventually establish a perfect social credit system, control included car consumption loans personal consumption loans risk from the source. Honesty is a fundamental measure of honesty legislation to the healthy development of the cause of China's. Establish good social credit system, not only to rely on moral suasion, more rely on legal norms, to create a favorable legal environment for the formation of a healthy social credit system.

   The legislation can be divided into the following several parts to complete. (1) to amend the relevant laws and regulations currently in effect, to prepare for the credit data open, namely should establish laws or regulations define government credit data open range, the data must be open and clear supervisory responsibility, as well as for punishment is not real number according to the behavior to the public. (2) the introduction of new laws regarding the integrity of data openness and honesty data using standardized as soon as possible. That should establish laws or regulations defining the scope of confidentiality of data, namely in the mandatory public most credit data source at the same time, determine which must be kept secret and integrity of data management. At the same time, should be established to provide laws or regulations on real data of enterprises and individuals, is set to false data providers in terms of punishment. (3) to perfect the legal provisions on the protection of creditor rights in our civil law and other relevant laws, in order to ensure the credit relationship of creditor rights and interests are not infringed upon, and force the debtor to fulfill its obligations. The debtor's default for more stringent damages and penalties, to perfect the relevant provisions of the fraud and illegal occupation of the malicious behaviors in the criminal law, punishing this kind of crime. All involved in the interests of the creditors of debt restructuring, the creditor should adhere to the guiding principle, in order to protect the interests of creditors. We should establish and perfect our country enterprise and individual bankruptcy system. Bankruptcy system is a necessary complement to the credit system, the limitations to the bankrupt in the exemption of debt at the same time, we must pay a certain price. If after the bankruptcy of enterprises legal representative and the bankruptcy of individuals, high-grade consumption may not be in a fairly long period of time, not to purchase real estate, automobile and other high-grade goods. (4) to improve the legal system of tort, curb fraud. Fraud is a market economy in the highest frequency of occurrence, also one of the most serious problems of destroying social credit. The current civil legislation of our country is as affect the validity of the contract conditions prescribed in the contract law, but only by the contract law for the regulation of fraud is not enough to curb fraud. Punish the fraud. Therefore, suggestions in tort law special provisions of fraud, safeguard the social credit. However, before this, the judge can not because the law does not stipulate to judge. The imperfect legislation defects, we can be reduced by judicial try to be, it needs to fully use the discretion of judge. Provides a larger space to exercise the civil legislation spirit and judicial reform trend in two big legal systems for the discretion of the judge. In the field of civil and commercial law, on the basis of the judge's discretion and the most important is the principle of good faith. When the blank of litigation matters of law or ambiguity, the judge should use the principle of good faith to correct the imbalance of the interests relationship, give suffered loss of interest groups to relief, fastening the legal barriers, to guide the establishment of social credit order.

  At the same time, I think, more people should be educated from the legal and moral perspective, so that people understand and pay attention to the law of credit!