International Comparative Study On The Legal System Of Market Exit Of Commercial Banks

The market exit supervision of commercial banks is a very important and indispensable part of the commercial bank supervision legal system. The commercial bank market exit supervision, together with the commercial bank entry supervision as well as the commercial bank management supervision, it constitutes a perfect commercial bank supervision legal framework. These three parts are closely related together. Because the commercial bank is different from the general commercial organizations and has special nature and functions, the negative influence of its market exit often is not merely limited to the failed bank itself and its correlative interested parties. This influence usually is highly infectious and hard to forecast, and it has a very bad influence on the entire financial system and even the entire economical development. Therefore the various countries in the world had paid much attention to this negative influence, and they gradually took the"Too Big To Fail"policy, following the theory that they held the negative manner on the market exit of commercial banks. When a commercial bank is faced with crisis, they will not take timely measures to let it withdraw from the market, but take measures to rescue the bank from crisis, regardless of expenses. This negative manner brought high price. After experiencing several serious crises and making some profound reconsideration, the various countries started to take the functions and the significance of the market exit supervision legal system seriously, they carried out some effective practice. Meanwhile, the correlative international organizations also positively analyzed the experience and lessons of the various countries'practice, they made some summaries and put forward some constructive directions for the improvement and development of the commercial bank market exit supervision legal system, meanwhile for the cooperation and communication of various countries in this field. China recently has carried out much work in the improvement and development of the commercial bank market exit supervision legal system, and has obtained very great progress. However, at present in china, there is still much deficiency in this field. Through the comparative study on the international directions and the various countries' correlative practice separately, this thesis hopes that it can put forward some useful proposals for the improvement and development of the commercial bank market exit supervision legal system in China. This thesis firstly introduces some general theories of the commercial bank market exit legal system as well as the relations among it and other correlative concepts. This part points out the category, the characteristics and the vital significance of the market exit. Secondly, this thesis details and analyzes several representative international directions, and their proposals for the basic principles of the commercial bank market exit and several important questions, which needs attention. Then, this thesis from the crisis rescue system, the commercial bank market exit ways as well as the commercial bank market exit support system three aspects, separately introduces and analyzes the various countries'representative practice in the official financial support field, the receivership field, the reorganization field, the closure field, the merger & acquisition field, the insolvency field and the deposit insurance. Then, this thesis details and appraises our country's correlative practice, points out the insufficiency which exists in our country's commercial bank market exit supervision legal system at present, and puts forward some suggestion about the improvement and development of our country's commercial bank market exit supervision legal system. Finally, this thesis makes a summary and discusses about the commercial bank supervision environment and the communication and cooperation of the international finance supervision.