The Comparative Study On Legal System Of Bank Insolvency Under The Supervision Of State Banking Agency

State banking agency conducts supervision on market admission of banks, their operation to withdrawing from market. Supervision on withdrawing from market of banks still includes supervision on self-withdrawing and supervision on bank insolvency. The latter is more difficult and complicate. There are many legal questions of bank bankruptcy supervision. Since China's supervision legislation of bank insolvency has many defects, the thesis is, by using comparative analysis as the fundamental study methods, to study the legal questions of the bank insolvency supervision conducted by state banking agency comprehensively and systematically.The first chapter of this article mainly studies the inherent meaning of state banking agency supervising bank insolvency. The author, from the jurisdiction base of which bank insolvency must be adopted special bankruptcy legal system, explains the legal status of state banking to set up agency during supervising on bank bankruptcy. The aim of conducting supervision on bank insolvency is to release or decrease the crises of bankruptcy by some suitable supervision measures. The second chapter introduces and discusses some supervision measures which are adopted by state banking agency for critical bank (bankrupt bank) . According to the general principle, state banking agency should endure legal responsibility for what it conducts illegal or unsuitable supervision measures. After introduced supervision measures, in the third chapter, the author continues to study legal responsibility system of state banking agency in some classic foreign legislations. It is one of important objects of China's financial legislation and bankruptcy legislation to change the traditional adjusting methods of bank insolvency and improve China's supervision legislation of bank insolvency. The fourth chapter deeply analyzes China's successes and defects of current legislation and takes foreign countries' advanced legislation for references, then provides principled suggestions for the improvement of China's supervision legislation of bank insolvency.In general, each state adopted special policy on bank insolvency. Through analyzing the specialty of bank insolvency, the author points out the necessity and the reasonability of which state banking agency conducts supervision on bank insolvency. Still, the author affirms the opinion of which state banking agency leads bank insolvency more beneficial than court by comparing two bank insolvency procedures. How to ascertain the duty and the responsibility of state bank agency in supervision on bank insolvency will directly relate the work of it. By comparing, we can find that on one hand there are a broad of measures which can be adopted by state banking agency in each state, on another hand there are some arrangements on the duties to limit them. The litigation aims to develop the competence of State Banking Agency at large, which helps to dismiss the crisis of bank insolvency. In conclusion, both the startup and the end of the litigation on bank insolvency supervision aimed to how to dismiss the crisis of bank insolvency, which is necessary to highlight during banking litigation and insolvency litigation in our China in future.