China Banking Bankruptcy Law Analysis And Construction,

Finance is the core of modern economy and bank is the core of the financial system, the whole economic activities of modern society can not go on without bank. From 1970s, the issue of bank insolvency has already become a very common problem gradually. The law on bank insolvency is aimed to prevent bank from insolvency and secure the stability of financial system, rather than make bank into insolvency. The major peculiarity of bank is the management under debts, little of its capital is from itself, other greatly is on loan. As a result of that, bank insolvency is inevitable. Overseas experiences tell us, make use of market mechanism to deal with bank in trouble is excellent efficient. In order to improve management competence and strengthen the competitiveness of China's banks, we should institute a special bank insolvency law regime in China.This paper consists of preface, text and conclusion, and there are seven chapters in main body.Chapter One is the foundation of bank insolvency law system, which including five parts: the meaning of bank insolvency, the history of bank insolvency, insolvency ability of bank, the possibility and influence of bank insolvency and the particularity of bank insolvency.Chapter Two discusses the realistic foundation of instituting the special bank insolvency law system, which including the legislation of bank insolvency in USA., UK, Bulgaria and Russia, then analyzes our country's bank insolvency law system and the problems.Chapter Three is given some advices on how to institute banking insolvency law system in China, which refers to the purpose and principle of legislation, institute a special, extensive and systemic bank insolvency law regime in our country.Chapter Four, Five, Six and Seven, is main body of this paper.Chapter Four is analysis of bankruptcy bodies in banking insolvency procedure, which including people's court, banking supervision institution, assignee in bankruptcy, deposit insurance institution and meeting of creditors.Chapter Five discusses how to open banking insolvency proceeding, which refers to...