The Protection Of Personal Savings Deposits On The Commercial Bank Failures

China has always been implicit guarantees for commercial banks, bank credit is considered the national credit, operational difficulties once the bank is facing bankruptcy, mainly relying on government administrative intervention to avoid bankruptcy, the bank owed the government pay all deposits, hidden by the Government protection. With China's accession to the WTO and fully opened in 2006 on the foreign banks enter the Chinese market constraints, increasingly competitive banking industry, this way of implicit deposit protection has become increasingly unable to meet China's economic development, in the current world the trend of economic integration, China's banking industry must be with the world, so we have to change the past, old ideas, so that commercial banks in accordance with "survival of the fittest" in its own bankruptcy laws, rely mainly on market regulation, the protection of deposits to achieve protected by a recessive manner to protect the dominant pattern, and improve the relevant legislation, to reduce administrative intervention, the establishment of a deposit insurance system and related system, and build suitable for China's personal savings protection system. Therefore, the commercial bank failures in the protection of personal savings is very important to study this problem, it is conducive to the establishment of deposit protection is conducive to protect the interests of depositors, commercial banks to help resolve a series of problems caused by bankruptcy. Can solve the banking crisis of credibility and maintain the credibility of the financial industry. Help protect the financial order and promote economic stability and development. Also help ensure social stability.This paper consists of six parts:The first part of the introduction, introduces the topic of the status, significance, research objectives and approach adopted.The second part of the first analysis of the legal nature of personal savings deposits, listed in both the academic point of view, my view, to their characterization to be legal. Second section describes the importance of personal savings deposits, to protect its importance. Because it is the basis of commercial banks, directly affecting the stability of the banking system, and even the stability of the national economy, but also from a legal perspective in terms of their need to be protected.The third part of looking around the world, the United States, Germany, Japan, in commercial bank failures in the protection of personal savings deposits were compared, each of the characteristics of the protection mode, and national reasons for the success, derived from the practice of States to China The revelation was successful countries, based on national conditions in its developed legal system of protection of personal savings deposits, the establishment of a deposit insurance system, and has an excellent support system, so that the deposit insurance system to achieve good results.The fourth part based on the country, protection of personal savings deposits for the current analysis, analysis of the law of the conservation status of individual savings deposits, from the legal requirements and practical operation of the two aspects, and points out the problems, including:legislation issues, information disclosure system flawed, the relief of bankrupt commercial bank system is imperfect, too much administrative intervention, not to establish a deposit insurance system and so on.China's commercial banks for the fifth part of the bankruptcy protection of personal savings deposits problems a few suggestions, including:First, improve the relevant legislation; second, improve the information disclosure system of commercial banks; and third, improve the commercial bank failures of the relief system, to take over the system and the lender of last resort to improve the system; fourth, reduction of commercial bank failure of administrative power interfere too much, rely mainly on the role of the market; fifth claims of personal savings deposits in order to recommend settlement; Sixth, the establishment of the deposit insurance system of deposit insurance for specific design; the seventh, the establishment of the damage the interests of depositors acts of accountability mechanisms. The proposed building suitable for China's personal savings protection system.The last part is the conclusion, summarizes the main contents of text and highlighted once again of the view.