Research On The Legal Issues Of Commercial Banks Withdrawing From The Non-bankruptcy Market

The market exit of enterprises is composed of such factors as exit method,exit liquidation and cancellation registration.The market exit of commercial Banks is no exception.Commercial bank market exit includes bankruptcy exit(bankruptcy liquidation,bankruptcy reorganization,bankruptcy reconciliation)and non-bankruptcy market exit.For a long time,China’s regulations on commercial Banks have been dominated by administrative supervision,and the withdrawal of commercial Banks in the market is mainly in the form of administrative dissolution.There are no typical bankruptcy cases and most of them are non-bankruptcy market exit.With the aggravation of financial risks,the exit of commercial Banks from non-bankruptcy market becomes more and more important.However,there are many problems in the system of non-bankruptcy market exit of commercial Banks that need to be solved due to the lack of institutional construction in China.To some extent,as far as China is concerned,the non-bankruptcy market exit of commercial Banks has more research value and space than the bank bankruptcy in the current stage.In the post-crisis era,the improvement of bank crisis resolution and market exit has become the main direction of banking law reform in the world.China has introduced regulations on deposit insurance,set up the financial stability and development committee and other departments,and improved the rules and institutions for dealing with banking crises.However,on the issue of market exit,although the provisions of company law on company dissolution and non-bankruptcy liquidation are constantly updated,the reform of banking law has been stagnated,and the relevant exit rules are still not perfect.Legislation lagging and realistic obstacles,and other factors lead to China’s commercial Banks the market exit face bankruptcy system supply(legislative system is not perfect,chaos and responsibility of a single),system running sluggish acerbity(lack of restricting administrative intervention,lack of supervision rightallocation standard),the system efficiency can not be achieved(lack of co-ordination mechanism,emphasis on public resources aid).The imperfection of legislation and imbalance of power are only the appearance of the problem,and the lack of institutional thinking is the internal cause of the problem.In view of the lack of institutional thinking,we should take the system analysis as a guide to find the system construction path for the non-bankruptcy market exit of commercial Banks in China.The new institutional economics and institutional finance theories should be used to determine the institutional efficiency view of the non-bankruptcy market exit of commercial Banks,and through LLSV,LTF and incomplete legal theories,the path to the realization of financial rule of law,especially the power balance path of judicial power and regulatory power,should be sought.Under the guidance of system analysis,the system construction of commercial Banks’ non-bankruptcy market exit should be based on improving the efficiency of the system,coordinating and integrating different legal provisions,prudently applying the administrative compulsory dissolution methods such as closure and cancellation,and following the market-oriented guidance of commercial Banks’ non-bankruptcy market exit.The institutional framework of China’s commercial bank’s non-bankruptcy market exit is constructed from four aspects: the establishment of micro-risk early warning mechanism,the perfection of non-bankruptcy market exit method,the perfection of non-bankruptcy liquidation system,the determination of the boundary and the convergence conditions of commercial bank’s non-bankruptcy market exit and public resource rescue.On the basis of the framework construction,it is necessary to further improve the non-bankruptcy market exit system of commercial Banks from the two aspects of stakeholders and responsibility system.The aspects of stakeholders include the analysis of the subjects of public power and the path to realize the balance of public power,the analysis of the subjects of private rights and the path to realize the protection of privaterights.The responsibility aspect includes the supervision organization responsibility,the bank executive responsibility and the shareholder aggravation responsibility consummation.The main objectives of the system construction for the non-bankruptcy market exit of commercial Banks are to dissolve bank risks,maintain financial stability and improve the efficiency and marketization level of commercial Banks’ market exit.