The Research On Deposit Insurance Legal System

The establishment of the key position of financial circles is the characteristic of showing of the modern economy.The bank is a core of the financial circles;manage to make financial circles have certain risk in high liabilities of the banking.Just because the system of the bank and financial market have instability innately,when present the phenomenon of run on a bank in the bank managed improperly individually,other banks may be assaulted too.The security that the crisis will influence its whole financial system has appeared in a national banking,and then may cause this country's inflation even make its national economy paralyzed.Under the background of the economic globalization,one country's financial circles not merely confines to national our country the harmful effects that the crisis produces,will possibly produce the effects of"dominoes", will involve the areas of surrounding countries even safety of the international economy.In order to safeguard the financial stability,various countries are making great efforts to structure and perfect the favorable measure that financial risks take precautions against the system and ensure the security of financial market to operate in recent years.The financial safety net of a country forms and includes three major pillars basically: Responsible for the depositing,shoulder having in the Central Bank of creditor's function finally and responsible for the deposit safety unit of the insurance responsibility of the depositing.The insurance system of the deposit is as in practice of the important component of a financial safety net,contribute to suppressing the risk of run on a bank of the bank,see and play a positive role from safeguarding bank system and the angles of the steady struck precaution financial risks of the financial market.For a long time,our country implements the recessive deposit insurance system,the financial risks of such national compensation in full take precautions against the method and are unfavorable to improving investors' sense of risk,have weakened the market's own restraint function to a certain extent.Under the deposit insurance system of the recessiveness,pay for personal creditor's rights first after usually the People's Bank of China pays for the fund first or borrowing money from local government to Central Bank while succoring and closing the financial institution which produce the crisis,this will be given the basic currency of Central Bank to throw in the pressure of bringing,even influence and change the monetary policy that the People's Bank implement,so it is very essential to set up regular dominance deposit insurance system.The study on insurance system of the deposit of our country started in the 1990s,this subject was studied and already relatively deepened in the field of economics,the materials are abundant,but the research of the law science domain is very weak.Because our country has never adopted the insurance system of the deposit,and a lot of countries and regions in the world have all already set up more perfect financial struck precaution system suitable for financial circles in the locality,so the legal system of deposit insurance structured our country is the question that the law is transplanted at first.The legislation and practicing in keeping a lookout in financial risks of each country can offer a lot experience that can be used for reference,for this reason,this text has chosen the method that is relatively studied in a great deal of law science research approaches.Compare deposit insurance system in practices of various countries in research,the deposit insurance way and method of suiting China's existing financial environment that what is drawn and discussed,promote setting up and perfect the financial risks of our country and take precautions against the theory and legal system of deposit insurance through probing into finally.The law science comparative research approach of functionality is to regard realistic concrete problem as the centre,through comparing with the result that the concrete legal system produces in practice,found the most suitable solution.Regard legal order as the research object in the course of relatively studying in function type,it is a kind of organic comparative research approach of law science to expand the vision relatively studying,have more practical guidance functions to practice.It is a question of fact to carry on research and should be confirmed to be first according to the method that the functionality compares;Then choose those to compare one to compare with analyzing,and propose about comparing the objective research paper of one;The structure exists because of function,so the one that will guide under the functionalism principle finally will analyze subjectively what is summarized it is to worth drawing lessons from,what needs to perfect further.Therefore it is not difficult to find that the comparative research approach of the functionality has very strong practicality,this kind of characteristic makes it can play a great role while the law is transplanted. So,according to study and summarize countries all over the world deposit experience,insurance of system not to propose this text how to structure the law of insurance of bank account suitable for environmental one's own finance of our country relatively Law system.For guarantee comparative research can reach certain depth,is it limit in legal order,mother of law to study relatively mainly this text about bank account insurance legal system.Because the development that U.S.A.'s federal deposit insurance system went through more than 70 years,its arrangement legally of insurance system of deposit is becoming example and model of a lot of countries and regions in the world in fact. So this text has confirmed the mother law order status of the legal system of the American deposit insurance in history in the insurance system of the deposit is analyzed,and sketch the contours of the legal due frame of system of the deposit insurance through an analysis of mother law order. On the choice of the sub law order,because the insurance system of the deposit has already been set up extensively on the range of the world,and pen force,have to only choose the systems of some country and area with representativeness and particularity to carry on research to compare with and summarize as space is limited.Pass the developing history and utility specifically to the insurance system of the deposit in the last this text of the article,the characteristic of each national financial market,and their one's own defects,etc.compare one to compare with and analyze,it is under market economy terms to summarize the insurance system of the deposit,the government carries on the limited result that intervened to the market.Put forward deposit insurance legal attribute request their of economic law that system possess must make every effort in banking and financial circles one's own characteristic and limited to intervene idea make government finally Find the new view of the equalization point in the course of weighing apparatus.Certainly is regarded as a part of the comparative method of law science,comparison one to the factors,such as economic development level,historical cultural tradition,humane environment related to various countries related to insurance system of the bank account,etc.of this text,and has carried on the difference to analyze. It is equally China that thought these through comparing with and summarizing this text to set up the banking,insurance system suitable for the national conditions,carry on the law and transplant the factor that must be considered.This text passes China's financial circles developing history; the discussions of the reform and current situation correctly,confirm that the main factor influencing the legal system of deposit insurance of our country to introduce is economic background of silver industry's crisis management of our country,legal system background,etc.This text thinks that the legal system of the deposit insurance structures the situation that should be considered the overseas legislative example,combine the national actual conditions,the only way of succeeding in transplanting the insurance system of the deposit in this and legal system localization too. Because of legal system of the deposit insurance being a comprehensive concept,the ones that contain are in extensive range and the content is complicated,our country should draw lessons from the overseas legislative example,structuring suitable and one's own legal system of deposit insurance should divide into two steps,should make insurance Basic Law of the deposit first,perfect the auxiliary legal system of the deposit insurance further on this basis.In addition,because the insurance system of the deposit may increase the encouragement that the bank fell into the morals risk,thus increase the possibility that the bank produces the crisis.So,will set up firm deposit insurance system and financial market and withdraw from the mechanism,besides setting up perfect law frame,should do a good job of other auxiliary facilities,for instance:Must strengthen supervision,wait in order to reduce the excessive motive which undertakes the risk of the bank.