Study Of Deposit Insurance Legal System

In the 1930s, there was a great crisis taken place in America, two thousand banks had to be closed in one year. The interests of depositors were damaged seriously. In 1933, a law of "Glass-SteagallAct" had been passed by America Parliament. According to the law, Financial Deposit Insurance Corporation (FDIC) was established in that year, which opened a new epoch of deposit insurance system across the world. So far, 67countries have established deposit insurance system, which manage to protect depositors' rights and ensure the stability of financial system.Deposit insurance system has been studied for more than 7 years in our country. The discussion of whether establishing deposit insurance system in China or not is heated. With the opening up of financial market and the four national banks coming into the market, government should not shoulder responsibilities for the closed banks any more. The central bank places the plan of establishing deposit insurance system on the agenda. The central bank has begun to draft "deposit insurance regulations" since the December, 2004. At present, there are still some disputes about the plan of the system, so the process of establishment of deposit insurance system is still quite slow.In this thesis, theoretical and practical problems concerned are explored thoroughly by law-economics analysis and comparative analysis.In chapter one, first, I make an introduction on the formation of deposit insurance system .In America, the system played an important role in the crisis in 1930's. Next, I introduce the development of deposit insurance system. At present, there are 67 countries which have established explicit deposit insurance system. I sum up the main characteristics of deposit insurance system when it comes to be perfect across the world. At last, I analyze the function of deposit insurance system. The function of deposit insurance system can be summarized to be three functions: indemnity function, regulatory function and resolving and liquidating function.In chapter two, from the theoretical point of view, I analyze the maincharacter of deposit insurance system and the main body, object and content of deposit insurance legal relation, I conclude deposit insurance belongs to policy insurance. In view of various disputes about main body, object and content of deposit insurance legal relation, I expound my view about it. Moreover, I give a resoned and detailed account about the rights and obligations of main body in deposit insurance legal relation. At last, I make a comparative analysis about deposit insurance system across the world, from which, we can learn something for reference and something deserving improved.The chapter three is the emphasis of the whole thesis. I consider our country should establish our own deposit insurance system which would be designed well by referencing the successful experiences of the advanced foreign countries and depending on our own national conditions. At first, I analyze the present situation and problems of deposit insurance system in China. I expound the necessity and feasibility of establishing deposit insurance system in China;second, I have some advice on how to build the deposit insurance system by designing the foundation of deposit insurance agency, the duty of the deposit insurance agency, the way of insured, premium rate, maximum level of coverage of indemnity, the mode of indemnity and the operational mode of the deposit insurance system and so on. Some negative effect brought by deposit insurance system should be avoided by designing the system carefully and seriously;Third, we must have some relating legal system, which can create a good legal environment for the enforcement of deposit insurance system.