Study On Deposit Insurance Law System In Our Country

The deposit insurance law system is firstly produces in US in 1933. With the deposit insurance system developing rapidly in the world scope, our country has found the initial form of this system. The deposit insurance law system refers to a country or the area ,in order to protect depositor's legitimate rights and interests and to maintain the security and stability of the financial system , legally sets up one or many special deposit insurances organizations to provide the deposit insurance for the absorption public deposit bank one kind of legal system. Deposit insurance legal relationship including deposit insurance organization, bank and depositor. Object relations in the deposit insurance law is owed to the bank to deposit the return of the deposits, deposit insurance should therefore ensure the liability of the insurance. Banking industry's special risk enable the deposit insurance system to have the existence value, it also manifests in protecting depositor's benefit, maintaining the security and the stability of the financial system . At the same time, the deposit insurance system to guards against the bank bankruptcy also have a series of superiority. Since our country has had the bank class financial organ bankruptcy in the 1980s, the banking industry ambush's risk is even huger. To protect the interests of depositors and to promote the competitiveness of the banks to ensure safe operation and ease the financial burden on the legal system in our country, it is necessary to establish a deposit insurance. To use foreign legal maturity of the deposit insurance system, this article objectively introduces the creation, development and operation of the system in United States and Japan .Through the foreign deposit insurance law system comparative analysis, it has promulgated the main difference, also summarized some international stipulations in other countries, including the deposit insurance system forcing to take out insurance the principle, adopts the differential rate, the deposit insurance organization needs the function diversely, the law enforcement is prompt, from multi-channel collection insurance fund. These overseas rich deposit insurance law systems founded this system to our country to provide the extremely essential model. Construction of China's legal system of deposit insurance must be specific as to give full play to their positive role to overcome the negative impact. Combined with the union overseas outstanding common rule and our country national condition, the deposit insurance law system main body content including the following aspect: The deposit insurance organization establishment, the responsibility and the management system, to the question bank processing way, takes out insurance the bank scope, the deposit insurance service and the deposit insurance organization financing channel. Among them, the handling of the problem banks are mainly relief, and disposal and liquidation,insured deposit insurance including business forms, deposit insurance coverage, insurance limits and rates. To enable smooth functioning of the legal system of deposit insurance, China still needs to improve the internal management of the banking system and improve the quality of accounting information and strengthen the functions of the effective supervision of the banking sector, the bankruptcy of the bank to establish a legal system based administrative procedures.