On The Market-concelling System Of Financial Institutions

Financial institution has the problem of withdrawing from the market, this is a impersonal rule of market economy. This paper has four parts, including the summy, the frame, the problems and the differences between banks of China and foreign countries. On the research of systems of financial institution withdrawing from the market, the main point is financial institution of our country, including insurance institution and negotiable securities institutions.With more and more practice of financial institution withdrawing from the market, a correct system is need to be set up, otherwise it will result in blue ruin. We should set up a full and canonical system of withdrawing from the market, which cover the measure, condition. Rule, etc. This is the objective of the research of withdrawing from the market.Financial institution withdrawing from the market, including unconstraining and constraining.In our country, the main ways of the financial institution's withdrawal from the market are dissolving, closing and going bankrupt." Acquisition "is the general name of " merger", "take over" and "amalgamation " .Closing financial institutions and banning the illegal financial institution and illegal financial businesses are different in settling procedure etc. The conditions applicable of closing should be enlarged. Takeover is administrative compulsory measure, but not administrative punishment. The decision of takeover is indictable. The takeover conditions regulated by law have defects. When the executive authority of takeover hascontradition with the judicial power of it, we should follow the principles: "Bankruptcy lawsuit has priority" and "Judicial power has priority " . Takeover system still has its valuablynow. Trusteeship system should be clearly regulated in the financial legislation. It's very necessary to set up bankruptcy system of financial institution. The current law has defects in the conditions of bankruptcy application and bringing it and the aim of bankruptcy procedure.There are some common problem on the financial institution withdrawing form the market. We should entrust the intermediary organs for the clearance. The assets should be pay-off debts and interest of individual savings according to the autonomy of will of principal. Three manners we can use which including cash, physical goods and right of credit.There are differences between the withdrawing mechanism of China and foreign countries. We can have some benefit from the differences of the object, measure, effect etc.