Legal Issues Of Commercial Bank Bankruptcy

In our country, at present the four major state-owned Banks, The bank of China,China Construction Bank,Industrial and Commercial Bank of China and The Agricultural Bank of China, is the gold-lettered signboard of common people heart. In common people heart, put money in the four major state-owned Banks, so in the safe. In their consciousness, bank bankruptcy or such concepts and terminology will never have appeared. In recent years, especially the national frequent grow Deposit interest and the national credit for support, high interest rates and low risk, make people have put money into the bank. Bank has close relationship of interests with every family, although people have heart the news about foreign bank bankruptcy, but they think it from them is still very far. Facts are concerned, in the market of economy, banks as one of the main body, must abide by the market rules. Macroscopic view, banking develops very well, but cannot hide living individual problems bank of existence. Research commercial bank bankruptcy legal system, not hope all bank become insolvent, in the commercial bank bankruptcy legal system, the commercial bank bankruptcy prevention system has important position. Establish the bankruptcy prevention system, to ensure the interests of the depositors, and maintain the stability of the economic order. Establish the commercial bank bankruptcy legal system, hope barriers, rapid and efficient to solve the trouble, when a problem occurs in the bank. At the same time, prevent bank problem arises in fundamentally, promote the bank steady development.Along with the development of China's banking industry, various problems exposed increasingly. Facing such serious situation, our country has not been set up a systematic,perfect system, to disposal the trouble bank. The bank bankruptcy relevant legal hasn't basis, this is the problems need to resolve.In this paper, I analyzed of the United States, Britain, Japan, Germany and other developed countries bank bankruptcy law legislation and practice, and compare the analytical results to our country commercial bank bankruptcy legal system. From analyze of the current situation of bank bankruptcy, I explore to construct the characteristic of commercial banks bankruptcy legal system. Proper method is critical to scientific theory. The article mainly uses the inductive method, deduction presumed methods, aided by economic analysis and finance theory. Analyze the current situation of our country, and seek the solution to the problem, based on the study of the system of the bank bankruptcy, do a reality arrangement. Full text is divided into four chapters, the main content is:The first chapter is the basic outline commercial bank bankruptcy, first introduces the concept of commercial banks, and secondly introduces commercial bank bankruptcy's insolvency standard, value target and bankruptcy particularity. It is to understand and grasp the connotation of commercial bank bankruptcy legal system.The second chapter is reference to the foreign commercial bank bankruptcy system. First expounded the concept of bank bankruptcy legal system, from horizontal introduced us, UK, Japan, Germany's commercial bank bankruptcy, and from longitudinal selecting some specific contents for comparison. Provide a wealth of experience for China to established its commercial bank bankruptcy legal systemThe third chapter is analyzing our country commercial bank bankruptcy legal system legislative situation and the insufficiency. Through enumerating the communications-related, find out the lack of law and law holes. Pass to introduce our country commercial bank bankruptcy practice, found the insufficiency that our country commercial bank bankruptcy legal system.The fourth chapter is the assumption about our country commercial bank bankruptcy system. According to the listed insufficiency, corresponding found out the solution and the way, brings forward some Suggestions that how to construct a commercial bank bankruptcy system.