The Research On Legal Problem Of Market Withdrawal Of Commercial Bank

Commercial banks withdraw from the market mean that commercial banks stop managing at certain procedure and clear up creditor's rights, clear up the debt, lose civil right ability and civil capacities, lose legal personality thus withdraw from the market. Its key characteristic is shown as the lapse of the legal personality of commercial banks. According to the will difference of commercial banks withdrawing from the market, the way of market withdrawal can be divided into two kinds: one is a volunteering type, the other is a forcing type .The former is in motion mainly because of merger and acquisition of the banking and the latter means that the commercial bank is dissolved by financial supervision authorities or is declared bankruptcy by the judicial authority. The particularity of the banking and special position in social economic development of commercial banks determined that it is different from comparing the market withdrawal of ordinary enterprises with that of commercial banks. In order to steady financial order and even society order, it is the key to solve the problem of debts properly in the course of market withdrawal of the commercial bank. The implementation of the market withdrawal of commercial bank requires careful legal system to support objectively. Ensuring financial safety and promoting financial developments are the double goals for legal system of the market withdrawal of the commercial bank.The commercial bank volunteers to withdraw from the market nearly all carries on through merger and acquisition, but Chinese and foreign banking merger and acquisition have heavy differences relatively in purpose, tactics, result, government function and the rearranging way of property right, etc. In the light of the weakness of China's legislation and practice, we should perfect the legal system of merger and acquisition of the banking, standardizes competition subject and government behavior, perfects supplementary measure to drive of the banking merger and acquisition of our country develop to high level such as mixed merger and acquisition, international merger and acquisition, merger and acquisition among strong banks, etc. The forcing market withdrawal of the commercial bank includes dissolution and bankruptcy concretely. Compared with country of market economy, China's existing legal system of forcing market withdrawal of the commercial bank also has much weakness, we should perfect the legal system of dissolution and bankruptcy of the commercial bank,perfect dispersion and compensation mechanism of the problematic bank, perfect supervision mechanism and risk warning mechanism of the commercial bank, and be positive to bring about conducive legal environment for the development of small and medium-sized banks.