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Safe Operation Of Commercial Banks Legal Research

Posted on:2002-01-14Degree:DoctorType:Dissertation
Country:ChinaCandidate:D J ZhangFull Text:PDF
GTID:1116360065950383Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The safe operation is the state of robust and sound operation of the commercial bank. This state is the result of the healthy and harmonious internal and external economic relations of the commercial bank, the sign of dialectical unity of the circulation, safety and effectiveness and the basis on which the benefits of the stockholder, bank and the third part can be completely maintained. Therefore, it is the perfect state of the bank operation. It is well known that the finance is the core of the modem economy and as the backbone of the financial system, the commercial bank has the social functions of the credit agency, payment agency, credit creation and financial service. Only the commercial bank is kept in the sate of safe operation, the financial system of a country can operate normally and the national economy can develop well.Under the condition of market economy, the safe operation of commercial bank does not live without the laws and regulations. Although the statutes are the objective requirement of the development of financial economy, their development is not a spontaneous course. They must be established or ratified by man, or by state, i.e. the political community of men to be precise and changed from "should" to "must" by man. Then, how to regulate the safe operation of the commercial bank by the law? In other words, where to regulate the safe operation of bank? This is a legal problem of the basis of the commercial bank safe operation, which also is the topic of this dissertation. This dissertation is based on the law of the historical materialism and relies on the theories of the science of law and economics, with the development of modern commercial bank and financial economy as the background. Through the research of the laws of the commercial bank safe operation, this dissertation expounds the legal principle, statutes and the basic profile of their combination, and discusses the related legal problems of China's Commercial Bank in regard to application.As the title indicates, this dissertation is a study of applied laws. Nevertheless, the author considers that there should be some premise of theory as the logical jumping-off point of the research. As safe operation is the basic requirement for the subsistence and development of a commercial bank, both political legislation and civil legislation are indication and records of economic relations, same is the safe operation of the bank which must be reflected in the laws and regulations of commercial bank. And this reflection is not vague and chaotic, but logic and well arranged. Only raised to the level of the principle of law, it can be true and comprehensive reflection of basic requirement of the safe operation for laws and regulations, and common values and essential spirit of the related statutes can be scientifically abstracted and summarized. So nowadays, as the international general rule, the safe operation is the principal of the commercial bank's legislation. The safe operation has two implications: one is an actual operation state of commercial bank; the other is the basic principal of the commercial bank law. Theformer is the origin and substance; the latter is the derivation and reflection and reacts to the former greatly. Agglomerating the common values and essential spirit of the related laws and regulations, the concept of safe operation principal constitutes the spirit that runs through the managing supervising regulations and becomes the law governing these regulations. It can be used to demonstrate and explain the related laws and regulations. In this point, the analysis of and research on the related laws and regulations are only the expression and practice of the concept of safe operation principle.There are nine chapters in this dissertation. They are in sequence: The Legal Principle of the commercial Bank Safe Operation; The Bank Corporation and Safe Operation; The Capital Sufficiency Statutes; The Circulation Statutes; The Prudent Loan Providing Statutes; The Investment Limiting Statutes; The Bad Lo...
Keywords/Search Tags:Commercial Bank, Safe Operation, Legal Regulations, Study
PDF Full Text Request
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