An International Comparision Study On Deposit Insurnace Law System

In essence, Market economy is a type of money credit economy or financial economy. It has become an unavoidable focal issue worldwide concerning how to ensure the financial safety and efficiency under the tendency of financialization and global integration of financial markets. However, more and more countries and districts have recognized the fact, that the deposit insurance law (DIL) is one type of legislation guaranteeing the safety of deposit financial institutions, including banks. Moreover, DIL have been playing a remarkable role in current global financial crisis which originated from the U.S. sub-prime crisis of 2008.Thus, the study on when and how to establish such a market-oriented law system in China has become a key topic from law science angle.The paper carries out the study on the international DIL from the comparative law angle to gain beneficial reference and enlightenment for China. The main content of the paper is composed of four parts, study on theoretical basis of DIL, study on DIL system of U.S., EU AND Asia, study on legislative process for DIL in China, and study on main legislation framework of DIS in China.Chapter 1, study on theoretical basis of DIL. At the very beginning of this chapter, the basic concepts and contents are explained and introduced. Thereafter, both the theoretical basis of economics and law science are elaborated, the legal character of deposit insurance is defined as policy insurance, liability insurance and guarantee insurance.There are 6 sections in Chapter 2, study on DIL system in U.S. The creation and developing history of U.S. DIL system, and the influence of DIL system of U.S. in current sub-prime financial crisis, are analyzed in detail. In the end, the main experiences of U.S. DIL system are in-depth summarized.Chapter 3, study on DIL system in EU. Firstly, the DIL in 5 EU countries, Britain, Holland, Germany, France and Spain are introduced briefly. Secondly, the legislative background, fundamental principles and main content of EU's Guarantee Schemes Directive are expounded; in addition, the case of Northern Rock is studied together with the newest update of DIL system in EU. Thirdly, the important experiences of EU are generalized comprehensively.Chapter 4, study on DIL system in Asian main economies. The point is chiefly focusing upon analytical study on basic situation, development process and the significant outcomes of DIL system in Japan, Korea and Taiwan, China. Subsequently, the main experiences of Asian main economies are summed up.Chapter 5, study on legislative process for DIL in China. The significance of creating DIL in China, the timing of creation and whether to establish a unified DIL system or not, all these three issues are discussed in detail, and the overall thinking for creation a DIL in China is put forward as well herein.Chapter 6, study on main legislation framework of DIL in China. A main framework of DIL in China is put forward based on the analysis and assessment on Bill on Deposit Insurance. This framework is composed if three parts, the scope of deposit insurance, the financing arrangement and the establishment of deposit insurance institution.As a conclusion, in order to realize the policy objects as expected, the deficiency of the environment should be decreased as more as possible to control the moral risk, meantime, the model and content of the DIL should be designed diligently. Though the basic condition for establishing a DIL seems to have been satisfied in our country, the banking environment should be further perfected. Furthermore, the design of DIL system shall be connected with the theoretical arguments on one hand; on the other hand, it should be based on our own practical situation together with the global development tendency. Meanwhile it's worth noting that the future DIL should not be a fast and hard system, it should be adjusted along with the ever-changing external environment.