Principle of agreement commitment
The principle of agreement commitment requires that banking financial institutions, as lenders, should sign complete loan contracts and other agreement documents with borrowers and other interested parties, standardize the relevant behaviors of all parties, clarify the rights and obligations of all parties, adjust the legal relations of all parties and clarify the legal responsibilities of all parties.
Generally speaking, the management ability and level of China's banking financial institutions on loan contracts are not satisfactory, which has led to many contract disputes and loan losses. The principle of agreement and commitment makes up for the shortcomings of previous loan contracts by emphasizing the integrity of contracts, the legalization of commitments and even the systematization of management. On the one hand, the principle of agreement and commitment requires the lender to clearly stipulate its rights and obligations in the contract and other agreement documents, on the other hand, it requires the customer to sign and promise a series of matters and rely on the law to restrain the customer's behavior. In case of breach of contract, the lender's rights and interests can be effectively protected.
Principle of separate control of lending and borrowing
Separate control of loans means that banking financial institutions manage and control loan approval and loan issuance as two independent business links to reduce the operational risk of credit business. The essence of separate control of loans is that the approval of loans does not mean loans.
On the one hand, the separate control of lending and lending can strengthen the internal control of commercial banks and prevent operational risks; On the other hand, we can practice the whole process management concept, build a process bank, improve the professional operation level, emphasize the effective restriction between various departments and positions, and avoid excessive concentration of power in the front office.
The lender shall set up an independent loan issuing department or post, which shall be responsible for reviewing all loan preconditions and confirming the use of loan funds. If the payment is entrusted by the lender, the lender shall examine whether the information of the payment application is consistent with the business contract; If the borrower pays independently, the lender shall confirm the loan payment elements submitted by the borrower.
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