The Research Of Commercial Bank Loan Asserts Preserving Law Problem

The preserving of banking loan asserts, is a work which means that bank utilize law and other means prevent and reduce the loss of loan, is a kind of affective measure to lower operation risk, increase return and set up the prestige completely.In this text, the preserving of commercial bank is divided into three stages: preserving before event, controlling in the event and dissolving after the event. Because the four biggest stated-owned banks accumulated large amount of non-performing loan, four asserts Management Corporation in succession established in order to put the non-performing loan into professional and systematical management after 1999. This paper intends to systematically sort the theory of preserving of loan asserts and personal view point than expect to have the benefit and try to preserving loan asserts and fulfillment from the law point, and try to present some personal views that expect to have benefit and to perfect the institution of law of after matter dissolving.This text is divided into five parts:The first part is the introduce, which point out the meaning and methods of research of preserving of commercial bank loan asserts.Part two probes the general content of preserving of commercial bank loan asserts, which include primarily the difference of preserving in loan asserts and preserving in law; divided into three stages: preserving before event, controlling in the event and dissolving after the event.Part three study the laws and rules of dissolving of after matter ,mainly include six aspects: (1) risk classification technique is foundation that research of reserving of non-performing loan asserts ;(2) the current condition and reason of non-performing loan ; (3) By investigating the non-performing asserts reorganization of USA, Easter European and Japanese banking, we have the measure and inspiration of reorganization of non-performing loan of abroad banking ;(4) the traditional measures of our country banking to dissolve the non-performing loan: fiscal method, measure of remission the non-performing loan , business enterprise bankrupt law ;(5) the law of asserts management corporation: the necessity that establish the asserts management corporation; the legal position of asserts management corporation ;the operation and predicament of stocks which is conserving non-performing loan ;the establish and think of current institution ;(6) the law of asserts securitization ;the general content of asserts securitization ;the advantage of asserts securitization, the operation procedure of asserts securitization ;the realistic law environment analysis of carrying throughasserts securitization in our country ;the realistic analysis of proceed non-performing loan securitization.Part four constructs the environment of growth commercial bank loan asserts the law environment of growth of loan asserts preserving, perfecting institution of right management and the mechanism of risk compensate; reconstitution of relation of bank and enterprise in our country.Part five is the end section and point out the long load that preserving of commercial bank has to go, not only the improvement of techniques, but also is an urge to transform the institution.