The Discussion Of The Reasons For Insolvency System Of Commercial Banks Of China

Under the conditions of a market economy,the withdrawal of financial institutions from competition is an inevitable economic phenomenon,and even perfect financial supervision cannot eliminate the possibility of financial institutions being in trouble.The lack of an effective financial institution withdrawal system is often one of the important factors that exacerbate the economic crisis.The Party Central Committee and the State Council have clearly stated that the essence of a socialist market economy is a rule of law economy.China should strengthen the construction of the market legal system,formulate and improve laws and regulations related to the financial industry,and provide comprehensive legal guarantees for financial institutions to withdraw from the market.China has begun to explore the market-oriented withdrawal of financial institutions.In the October 19 th report of the party 's 19 th National Congress of the Communist Party of China,it was proposed to “accelerate the improvement of the socialist market economic system to improve the property rights system and the market-oriented allocation of factors.Focusing on realizing effective incentives for property rights,free flow of factors,flexible price response,fair and orderly competition,and survival of the fittest.The financial regulatory system will be improved to keep the bottom line of systemic financial risks from not happening."In March 2018,the Supreme People's Court announced" Minutes of the National Court Bankruptcy Trial Work Conference,proposes to improve bankruptcy and withdrawal mechanisms of market subjects with bankruptcy to resolve financial risks.In May 2018,the CPPCC National Committee held a special consultation on "a sound systemic financial risk prevention system" to propose the prevention of systemic finance Risk research topics.In September 2018,the CBRC's three-year action plan to prevent and mitigate financial risks was approved by the Finance Committee.In June 2019,the National Development and Reform Commission,in conjunction with the 13 departments,issued the '' Reform Plan to Accelerate the Improvement of the Exit Mechanism of Market Entities '' In order to adhere to market-oriented reforms,the direction of the rule of law,constraints and incentives,and protect each.Reasonable rights and interests is the basic principle,and clearly proposes "establishing and perfecting the market-based exit mechanism of financial institutions,improving relevant laws and regulations,clarifying procedures and mechanisms for takeover,reorganization,revocation,and bankruptcy disposal of problematic financial institutions during the withdrawal process,and exploring the establishment of the main body of financial institutions according to law Withdrawal mechanism and multi-level exit path.The role of the deposit insurance system and related industry guarantee funds should be brought into play in a timely and effective manner."Looking back on the relevant cases of China's commercial banks being closed,liquidated and taken over,the existing measures are insufficient to deal with all crisis situations,and the establishment of a bankruptcy system is imminent.The liquidation of our commercial banks began in 1998,and Hainan Development Bank The People's Bank of China announced the closure of liquidation,stopped all its business activities,set up a liquidation group in accordance with the law,and entrusted Industrial and Commercial Bank of China to manage creditor's rights and debts.The liquidation work has not yet been completed.In China,Shantou City Commercial Bank rectified and reorganized,and the contractor bank was taken over.Jinzhou Bank took over the reorganization of crisis banks and other incidents.It is not difficult to find from several crisis resolutions in China that the government and banking regulatory agencies have played a prominent role in the commercial crisis and promoted the process of bank crisis rescue procedures.However,not all bank crises can Successful rescue,not all banks have salvage value,the legislative gap in the bankruptcy system of commercial banks and supporting measures leaves hidden dangers for the disposal of crisis banks in China.In terms of legislative and policy trends,the era of bankruptcy is coming.Commercial banks,as an important part of China's bank types,are both profitable and public welfare,and there are many depositors.Therefore,reviewing the bankruptcy theory and practice research of commercial banks,summing up legal issues,To draw clear conclusions to provide a reference for the establishment of the system.In order to regulate the banking industry order and reduce the adverse effects of financial systemic risks,China has successively announced the implementation of the "Bankruptcy Law of the People's Republic of China" and "the Law of the People's Republic of China on Commercial Banks",the Deposit Insurance Regulations and other laws and regulations to protect the rights and interests of depositors and mitigate the fluctuations caused by systemic financial risks.Commercial banks are an important part of China's financial system.The financial stability of the banking industry is related to national financial security.It is of theoretical and practical significance to study commercial bankruptcy legal issues in the current context.The 2015 National Security Law of the People's Republic of China was revised for the first time.Strengthening financial construction,preventing financial risks,and maintaining national financial security are one of the tasks of maintaining national security.On April 25,2017,General Secretary Xi Jinping presided over the 40 th collective study of maintaining the national financial security of the Political Bureau of the CPC Central Committee.It is emphasized that financial security is an important part of national security and an important foundation for stable and healthy economic development.China has successively introduced corresponding policies on the one hand to reflect the determination to stabilize the development of the banking industry.Continuous improvement,the bankruptcy legal system of commercial banks is still not perfect.The existing corporate bankruptcy legal system,commercial bank legal system,and deposit insurance system have separately stipulated commercial bankruptcy from different angles,but there are legal conflicts between the regulations,which hinders the establishment of the system..The standard of insolvency is the factual basis for the initiation of bankruptcy proceedings.At present,the rules for the standard of insolvency for commercial banks in China are vague,which is not conducive to the establishment of a system.At this stage,it is necessary to establish a insolvency standard system for banks in China.The bankruptcy of commercial banks is an inevitable function of financial laws under market economic conditions.As a result,it is the only way to reduce the moral hazard of banks and resolve financial risks.It can greatly increase the awareness of financial risks in the entire society and accelerate the pace of China's financial system reform.The research of the standard of insolvency system of commercial banks is the construction of the bankruptcy system of commercial banks in China.The first step is of great practical significance for solving the financial risks and safeguarding financial security that China is currently facing.Based on this,the research in this article is divided into three parts,which are basic theoretical research,research status analysis,and research conclusions.Among them,chapters 1 and 2 are basic theoretical research,and chapters 3 and 4 are analysis of research status and related issues.The five chapters and the last part are the research conclusions.The first part includes the first and second chapters,which are the basic theoretical research.The first chapter is the "basic theory of the bankruptcy system of commercial banks".The main research content is to clarify the basic concepts of commercial bankruptcy and summarize our country.The status quo of the legislation of commercial bankruptcy,sorting out the basic situation of several cases of banking crisis in China.Starting from the concept of commercial banks,analyze the keywords of commercial banks,the system of bankruptcy reasons,legal issues,and the analysis of basic concepts in the topic.Wait for the logic to unfold,analyze the research status,determine the specific research issues,and pave the way for later research.The second chapter is "Legislative Values and Basic Principles of the Bankruptcy System of Commercial Banks",starting from the basic theory of legislative value,exploring the establishment and improvement of business The bankruptcy cause system should protect which legal values and how to sort the values,and play a fundamental role in the research of the problem.To consolidate the research foundation and provide guidance for the establishment of the basic principles of the system.For the research of basic principles,based on basic theory,undertake the basic value orientation of legislation,inspect domestic and foreign studies,draw clear conclusions,and formulate specific issues for research and specific rules.Provide the basis.The second part is to analyze the research status and related issues.Based on the first part,the basic theory is clarified,the legislation and case status are combed,and the research direction is determined.The reason for the emergence is to explore ideas for solving the problem.By enriching and standardizing the content of the cause of bankruptcy and exploring the related issues that affect the establishment of the system of standard of insolvency,the authors sort out ideas for the conclusion of the research.The third part is the conclusion of the research,which is consolidating the theoretical basis of the research On the basis of in-depth research and exploration of related issues,we responded to the deficiencies in the insolvency standard system of the commercial bank and related issues in summary,and hoped that by deepening the research on the insolvency standard system of commercial banks,it would provide a reference for the establishment of a bankruptcy system for commercial banks.