Legal Research On Priority Of Deposit Insurance Institution

This paper, mainly discussed the priority of the deposit insurance institution.Chapter 1 gives a general introduction of the deposit insurance institution. The paper start with deposit insurance system, define its legal nature, analysis deposit insurance institution's function in the system. Whether deposit insurance institution should has the priority is rely on its function to the entire system and the safeguard of the financial security. Moreover, the paper introduces the background, requirement and content of the priority of the deposit insurance institution, which will be fundamental to the analysis in this paper.Chapter 2 analyses the establishment of the priority of the deposit insurance institution is necessary to the function of deposit insurance system and be consistent with the aim of priority rights.Chapter 3 analyses the obstacle and salvation, including the moral risk of the deposit insurance institution, conflict with other creditors and issues with other foreign branches of the parent company.Chapter 4 analyses the establishment of priority of the deposit insurance institution in China. It is doable and necessary.In conclusion, since depositors have the priority rights within the amount of the capital and interest, deposit insurance institutions should success the claim to the financial institutions after they paid the depositors. That is to say, the deposit insurance institutions have the priority right to the indemnity. Moreover, the oversea branches of the financial institution should also be covered under this burden.