A Study On The Legal Problems Of Commercial Bank Insolvency

Full liberalization of the banking speed up the process of financial integration,both"all take and no give"and"take in disorder give"is not in conformity with the economy law,and will be punished by economy law.Therefore set up the legal system of The commercial Bank insolvency is significant.The article both learn from research in the abroad,but also choice on domestic research;not only research on fundamental design of framework,but also to the specific provisions insolvency; In addition to the ponder over the existing provisions of law, also on the expectations of the future legislature.The article mainly consists of the preface, the main body and the concluding remarks.The preface make a general introduction to the significance of the research, research background,content,research status and method.the main body is composed of four chapters.Chapter I: Strart The definition of related item and An introductory of background. Firstly definition of bankrupt,commercial bank and insolvency of bank in the perspective of economics and law,respectively to.Followed with argument of the commercial banks operating characteristics,to revealed the difference between the value orientation of commercial banks and common enterprise,point out the"order"is the first value orientation.Finally comparative analysis on the dissolution, revocation and bankruptcy.Chapter II:About comparative research,make a summarize of commercial banks bankruptcy of legislation of internationa. Select two representative country From common law and civil law systems, namely of United States, U.K., Germany and Japan, aiming at draw lessons from abroad.Chapter III:Is the focus of the article.Firstly introduces three representative cases,soberly rethink what we have done in the past so draw the lessons from it,and seriously address the problems what we have faced.Secondly,sort out and evaluat all the laws and regulations about commercial bank bankruptcy.In The last,think deeply about perfect the bankruptcy law of commercial bank in china in four spheres,that is the applicant of bankruptcy petition,the qualification of bankruptcy,the bankruptcy trustee,the iquidity order of bankruptcy estate to.Give the suggestion of establishment the deposit insurance system for banking.All of research is aiming to help The State Council worked out bankruptcy regulations of financial institutions.Chapter IV:Makes research on transnational insolvency of commercial bank.Transnational Insolvency including two major aspects,on the one hand is recognition and enforcement of native declaration of bankruptcy; but the other hand is the recognition and enforcement of foreign judgement.In this chapter,Firstly,starts from the define of transnational insolvency; followed focus on the two basic principles of the cross-border insolvency,it is universality principle and territoriality principle, compares the merits and demerits of two principles,in the order to seek suitable method for China;Finally, introduce the legislation of Transnational Insolvency in china,as point out that short of operability of the rules,at the same time give suggestion to perfect the system.