The Research On Special Legal Question Of Market Withdrawal Of Commercial Bank

With the advancement of financial system reform and the comprehensive opening of financial field in our country, market withdrawal of some poor commercial bank has become inevitable. Compared with common enterprise, commercial bank has its remarkable particularity. Such particularity makes commercial bank must apply different rules when it becomes withdraw the market. This thesis is just based on such special legal question to select three questions to study.The thesis consists of preface, text and conclusion, text again is divided into four parts:Part one is the analysis of particularity of market withdrawal of commercial bank. The analysis is the premise to study the special legal problem of market withdrawal of commercial bank. This part analyses the particularity of commercial bank and negative exterior effect of market withdrawal of commercial bank, then point out the expression of the particularity market withdrawal of commercial bank in the existing law.Part two is around the front procedure of market withdrawal of commercial bank to study. This part first introduces the trait and functions of receivership; then introduces the related provision of receivership abroad; at last analyses the legislation of receivership of our country and put forward some perfect suggestion.Part three analyses the trusteeship of market withdrawal of commercial bank. This part discusses the necessity of existence of trusteeship, analyses our country current existence of key problem, end to problem put forward some perfect suggestion.Part four analyses the expression of particularity of market withdrawal of commercial bank in bankruptcy procedure. The content involves the legislation mode of bank bankruptcy, the applicant of bank bankruptcy, the election of assignee of bank bankruptcy and order of distribution of bankruptcy property. Then, some legislative suggestions are offered on the basis of Chinese current legislation.In the course of demonstration, the thesis adopts the comparative methods of argumentation. All parts are connected by the special legal questions in market withdrawal of commercial bank. Aiming at every special legal question, the thesis put forward legislative suggestions to make every part has its relative independence.