Li Yi
The definitional approach to factoring contracts in the Chinese Civil Code, together with the normative frameworks and legislative expressions in factoring regulatory laws, has triggered disputes over the qualifications of the three parties involved in factoring transactions, which influences the effectiveness of factoring as an inclusive financial instrument in transactions involving natural persons. As the key load-bearing point for risk within the dual legal relationships, the qualification control of factors is crucial for balancing financial stability and the accessibility of factoring services. However, to encourage transactional freedom, the factoring industry law should impose entry restrictions on practitioners at the administrative regulation level, while the factoring transaction law should remain open to occasional participants without qualifications. Under this premise, in line with domestic and international regulatory trends, restrictions on the organizational forms and operational nature of accounts receivable creditors could be lifted. Furthermore, natural persons should be permitted to serve as accounts receivable debtors. By optimizing regulatory supply, strengthening substantive judicial review, and establishing a coordinated governance mechanism between financial regulation and the judiciary, institutional control over financial risks in such businesses can be achieved.
内容提要 中国民法典关于保理合同的界定方式以及保理监管法的规范设置和立法表达引发保理交易三方主体的资格争议，影响其在涉自然人领域发挥普惠金融工具效能。作为两组法律关系中的风险承重支点，保理人资格管控是平衡金融稳定与保理服务可得性的关键。但为鼓励交易自由，应由保理业法在行政法规层面限制从业者准入，保理交易法则对不具资质的偶发交易者保持开放。在此前提下，可顺应域内外制度演进趋势，放开应收账款债权人主体形式与经营性限制；此外，可允许应收账款债务人为个人，并通过优化监管供给，强化司法实体公正审查，建立金融监管与司法协同治理机制以实现此类业务金融风险的制度控制。