Ldgal Protetion Of Financial Claims

With the development of market economy and modern enterprise system, market economy system in the financial markets are playing an increasingly important role. However, in this process, the financial claims of the safety issue has become a key factor in stabilizing financial markets. Especially state-owned enterprises in restructuring, bankruptcy, reorganization, by way of evasion of financial claims of financial crisis, the growing phenomenon of debt security, the traditional ideological and political impact of the economic system, the Government has contributed to the severity. Legal protection of financial claims to promote the protection of a market economic system currently running one of the important issues. In this paper, the legal protection of financial claims issues discussed topic is divided into five parts:The first part, primarily by the current lack of protection leads to financial claims on the topic of this article, the article's overall structure and main contents of a brief overview.The second part, mainly on the protection of the basic theory of financial debt problems, the meaning of financial claims are briefly defined, analyzed the reason for the existence of financial credit risk and theoretical basis, and focused on the safety and evasion of financial claims, financial claims relationship.The third part, the main investigation and analysis of the special nature of financial claims, compared with the general claims, financial claims with the main differences, subject to huge monetary claims, and that the formation of the claim by the national economic system and policy implications larger.The fourth part, through the introduction of two cases, analysis of the current status of the protection of financial claims, the article believes that the current financial claims on the protection of the major constraints in the bank and the adoption of internal rules and regulations of the legal remedies to achieve financial claims in two ways. But there are many problems in two ways. In combination with case studies, from the current financial claims the protection of our shortcomings, explained the necessity for the protection of financial claims and urgency.The fivth part, the article claims the current necessity of protecting the financial analysis, improve the legal protection of financial claims on the recommendation of the article, should the protection of financial claims from the four aspects, the article that should be through the improvement of the current legal system in China system, through promoting the establishment of specialized financial creditor protection laws protect the command of the global financial claims and the legal system as a whole from the angle of a sound substantive and procedural law; the same time, the protection of financial claims should also focus on civil law system the protection of financial claims, to pay full attention to the "Contract Law", "Bankruptcy Law", and security law and other legal departments of financial claims of protection means, in this based on the laws of the credit system to promote and strengthen law enforcement and effective control the executive to intervene in the protection of financial claims.