Studies On Legal System Of Banking Institutions Market Exit

With the impaction in the global financial industry of the financial crisis in 2008, a lot of financial institutions in the major financial markets went bankrupt, among them; there are some famous and large-scale banking institutions. With time, it had been a focus for financial and academic circle that the banking institutions and other financial institutions market exit. In our country, as a result of the deficiency of reasonable elimination mechanism, these banking institutions that had arisen financial risk and crisis could not put the market exit into effect. All these things made the operational efficiency of banking market was low, and the development of banking institutions was restricted. In the context of domestic and global financial industry, it has been a very important topic of our country’s banking institutions development that to set up the legal systems of the banking institutions’market exit. The studies of the legal system of banking institutions market exit are very meaningful for the academia, as well as the financial industry practice.This paper is constituted by six chapters, and divided into four parts, except the introduction and conclusions.The first part is starting with the analysis of market exit. This part is constituted by chapter one.We studied the banking institutions’market exit in order to set up the system info by multi-disciplinary theory, especially the economics, politics, and science of law. In this part, we will define such notions as bank, banking institutions and market exit. The best important is drawing the conclusion that it is necessary to set up the legal system of banking institutions market exit. The intention of this part is to offer the theoretical foundations for the building-up of the legal system of banking institutions market exit, by means of theoretical analysis.The second part is general analysis of banking institutions market exit, including in the financial normality and financial crisis. This part is constituted by chapter two and three. In this part, we try to analyze the exiting reality and draw a conclusion of banking institutions market exit. The financial normality reflects the general situation and rules of the development of banking institutions. All about it can be universally applied to analyze the banking institutions market exit. These analyses mainly are about the reasons, types of crisis, and modes of banking institutions market exit. By these analyses, we want to find out the fundamental approach of banking institutions market exit. Beside the financial normality, the financial crisis is influencing to the banking institutions market exit. Financial crisis is a special stage in the development of financial market, and there are some particular contradictions in this stage. In crisis stage, the best important and distinct for the financial market is the systemic risk. It is more serious that the extent of banking institutions market exit when the financial crisis were broken. What we can do to cope with the banking institutions market exit in crisis stage is different from the normality. We should much more force on taking countermeasures against the banking institutions market exit in financial crisis stage. The purpose of this part is to get the optimization of banking institutions market exit in thread and mode by the analysis on a realistic basis of financial market.The third part is about the structure of legal system of banking institutions market exit. This part is constituted by chapter four and five. There are two aspects in this part, one is the framework and another is the contents of the banking institutions marker exit law. Any legal system has its own fundamental structure that is the framework of devises and contents, and also is the formal rationality of law. The key point of banking institutions market exit is how to dealing with the debt and protecting the interest of relevant stakeholder. In this part, we will analyze not only the philosophy, appeal, principles, but also the rights and obligations, subjects, and the legal liability of the banking institutions market exit law. Besides that, we also will study the specific contents of the legal system. These contents include the relevant stakeholder protection system, corporate autonomy, lender of last resort system, deposit insurance system of banking institutions; all they are the components of the banking institutions market exit legal system. The goal of this part has two sides. Firstly, according the fundamental studies on the paradigm of legal system, we want to set up the mode of banking institutions market exit law. Secondly, by the analysis of the contents, we can get the whole system of banking institutions market exit law. At last, we can set up the integrated framework and contents, and reduce the lost of relevant stakeholder in banking institutions market exit.The forth part is analyzing the current situation and offering a proposal of perfection of banking institutions market exit legal system in China. This part is constituted by chapter six. The objective of theoretical and practical studies is to offer some support to the legislation in China. The final global of this paper is to give some advises to the banking institutions market exit law of China. There are few cases that had happened at present practice of banking institutions market exit in China. But, it doesn’t mean that we do not need to implement the market exit to Chinese banking institutions. On the contrary, the legislation and related legal system of banking institutions market exit in our country is imperfect. All above that has become the obstacle of dealing with the defective banking institutions and implementing the market exit. In this part, we will investigate the practice and legislation of banking institutions market exit in the developed countries. In addition, we will analyze the history of banking institutions development and the current situation of banking institutions market exit in our country. By these analyses, we want to sum up the defect in the legislation, and put forward the views of banking institutions market exit legal system in China. The global of this part is to find out the necessity and possibility of Chinese banking institutions market exit, and consummate the legal system of banking institutions market exit in China. In order to achieve the global, we should realize the defect in current legislation, and use the experience of other countries. By combining other countries’experience with our country’s practice, we could bring up these suggests that how we can do to improve the banking institutions market exit legal system in China.