The main problem in the supervision of third-party debt collection in China is 1. The subject of supervision and the basis of supervision are not clear. Due to the unclear attitude of supervision towards collection, China's debt collection agencies have no clear legal status for a long time, and there is no clear regulation on the subject and basis of supervision, which has become an important reason for the abnormal development of China's third-party debt collection industry. Judging from many normative documents related to debt collection supervision, the main bodies involved in debt collection supervision in China at present include the central bank, the China Banking Regulatory Commission, the Ministry of Public Security, the Ministry of Education, the Ministry of Commerce, the Supreme Law, the Supreme Procuratorate and other state organs, the Internet Finance Remediation Office with the nature of a temporary institution, and the Internet Finance Supervision Association with some regulatory functions authorized by normative documents or regulatory agencies. According to the corresponding division of functions, the above-mentioned regulatory agencies stipulate debt collection in specific areas in relevant normative documents, resulting in scattered and thin regulatory basis for collection and lack of unified regulatory standards. Theoretically speaking, debt collection is a private remedy for creditors to safeguard their legitimate interests, which has its legal basis; Realistically speaking, considering the huge demand for debt collection in the current lending market, the reasonable supervision mode should be to recognize the legal status of debt collection and third-party debt collection institutions, set a clear supervision subject for the debt collection industry, and introduce corresponding supervision rules in combination with the current situation of the debt collection industry to guide the debt collection industry to achieve benign and sustainable development.
2. Lack of market access supervision for debt collection agencies. Since China has always prohibited the establishment of all debt collection agencies, the development of China's debt collection industry has been in a gray area for a long time. The lack of market access supervision in debt collection industry leads to a wide variety of debt collection agencies in China, which not only causes many social problems, but also increases the difficulty of supervision. In addition, the development of Internet technology in recent years has spawned the emergence of Internet debt collection platforms. Similar to the Internet lending platform, the Internet debt collection platform is more difficult to supervise, the market entry threshold is lower, the composition of employees is more complicated, and it is more prone to illegal or improper collection. The low entry threshold of the collection industry has also led to the disorderly competition in the collection market, and the phenomenon that bad money drives out good money has appeared. Some third-party debt collection agencies with strong self-discipline and legal and reasonable means are often not as good as those with illegal or improper means of collection, which eventually leads to their withdrawal from the market. Market access is an effective means to supervise the debt collection market and standardize debt collection agencies, and access standards are also an inevitable extension of the legitimacy of third-party debt collection agencies.
3. Lack of regulatory standards for collection. In the current practice of third-party debt collection in China, illegal collection with threats, intimidation, insults and slander as the core and improper collection with "soft violence" as the core are common, and wanton infringement of personal information is even more common. The main reason for the above-mentioned collection behavior is that under the background of unclear legal status and lack of legitimacy, driven by large-scale realistic demand, the third-party debt collection agencies are induced to adopt illegal or improper collection methods for collection. The prevalence of induced lending in P2P lending market has increased the proportion of debtors' default, and also prompted lending institutions to tend to bind high repayment rates with high commissions, leading to short-term and utilitarian behavior of collection agencies.
Especially in the third-party debt collection, there is no direct legal relationship between the collection agency and the debtor, and the collection agency, as a trustee, has a weak sense of being bound by law. In addition, at present, the overall level of citizen data and information protection in China is low, which is also the reason for the prevalence of personal information infringement in collection. The rapid improvement of network infrastructure and the in-depth popularization of big data technology have reduced the cost for debt collection agencies to obtain and apply personal information, and the lack of regulatory rules has further stimulated debt collection agencies to ignore debtor information protection. At present, the macro environment cannot be achieved overnight. The key to solve the above problems is to clarify the legal status of collection agencies and give them legitimacy, thus weakening their motivation for short-term behavior. The key is to clarify the collection behavior standards of collection agencies. Through the intervention of public law, we can shape industry standards, thus establishing industry order and improving supervision efficiency.