On The Construction Of Legal System Of Bankruptcy Of Chinese Financial Institutions

Financial institutions would go bankruptcy as well as the enterprises. Bankruptcy is an inevitable economic phenomenon in the process of economic growth, and there are some disparities between the bankruptcy of financial institutions and of enterprises from the aspects of the range of bankruptcy liquidation and bankruptcy distribution, legal restrictions, and the legal consequences of the bankruptcy. Due to the particularity of financial institutions, each government would take a cautious attitude on handling the bankruptcy, trying to improve legal system of bankruptcy, in oder to reduce the diverse impact which bankruptcy of financial institutions brings to the social economic development. Although different countries have different legal systems and policies, the basic principle they adopt is approximately the same, that is to held a prudent supervising attitude and perfect all kinds of auxiliary systems. This advanced experience has great significance to China.The essay compares the differences between the bankruptcy of financial institutions and the enterprises, analyses the legislative stipulation and problems of the legal system of financial institution's bankruptcy, as well as borrows the advanced experience of the bankruptcy in foreign financial institutions. Besides, combined with the practice in dealing with bankruptcy of financial institutions, it puts forward suggestions to handle the construction of the legal system of financial institution's bankruptcy.First, the first and second chapters are the introduction of the basic definition and status quo of financial institution's bankruptcy and the analysis of problems in the the current legal system of financial institution's bankruptcy.In the first chapter,analysis the type of financial institutions,bankruptcy and the concept of financial institutions ,overview the special nature of bankruptcy in order to identify the characteristics of study subjects.The second chapter analyzes the status of bankrupt of financial institutions in China, elaborated on the need for financial institutions, insolvency legislation, and further raises the question that is related to the existence of financial institutions ,which has not been formed insolvency law system, legislative technological obsolescence, the existing deficiencies of Bankruptcy Law , the loss has not been established a reasonable sharing mechanisms on the loss and risk bankruptcy of financial institutions.Second, the third chapter presents advanced foreign experience and legislative system. It is further expounded by the comparison among legislative configuration, organization, initiation of progress, recorganization, and clearing system.Through the analysis of the advanced experience of foreign countries, I believe that China should proceed from actual conditions, improve the regulating and restructuring the system, imploring full play to the role of regulatory authorities and the judiciary, focusing on personnel training and professional liquidation,establishing of comprehensive supporting system in order to build our own system of financial institutions in law insolvency .Finally, through the case analysis of bankruptcy of Guangdong International Trust and Investment Corporation and Hainan Development Bank and the theoretical study of the former three chapters, the essay projects specific legal conception to the construction of legal system of the financial institution's bankruptcy.The author's point of view is from the enactment of legislation and the values, standards and authorities bankruptcy, bankruptcy reorganization and liquidation procedures and supporting systems, etc, which is discussed in detail.The structure of this thesis is clear and it is supposed to assist the construction of legal system of the financial institution's bankruptcy.