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随着社会主义商品经济的发展,生产流通领域内的债权转让现象不断出现,因债权转让而发生经济纠纷也日益增多。但目前调整债权转让的法律法规却很不健全,《民法通则》中也没有对债权转让问题作专门的立法规定。这种现状不利于债权转让这种社会现象的健康发展,也不利于人民法院审理这类纠纷案件。因此,笔者认为,重视债权转让问题的立法和司法工作已经到了刻不容缓的地步。本文拟就经济纠纷案件中债权转让的认定和处理等问题谈几点粗浅的看法。
With the development of the socialist commodity economy, the phenomena of claims transfer in the field of production and circulation continue to emerge. Economic disputes have also arisen due to the transfer of claims. However, the laws and regulations that regulate the transfer of claims are not perfect at present, and there are no specific legislative provisions in the General Principles of Civil Law concerning the assignment of claims. This situation is not conducive to the healthy development of the social phenomenon such as the transfer of claims, nor is it conducive to the people's court hearing such disputes. Therefore, I believe that the emphasis on the issue of debt transfer legislation and judicial work has reached an imperative. This article intends to talk about the economic dispute cases in the confirmation and handling of debt claims and other issues a few superficial views.