Study Of The Depositor Interest Protection When China Commercial Bank Is Insolvency In Legal Aspect

China banking industry regards the bank credit as the state credit before it has opened the whole banking up to the outside world, and government usually takes responsibility on oneself to the deposit in the question bank. However, as the growing of Chinese monetary system reform and comprehensively open to the foreign capital bank enter the Chinese market in 2006,the way of depositor interest-protection in China planned-economy time gradually can't adapt the development of modern time. Under current of the world economy-incorporate, China banking already have began to stand in the international stage and gradually to change to unified market-oriented rules, this iron rule of "survival of the fittest " will urge us to promptly change the old thought and ideal in the question how to protect the interest of depositor when bank is insolvency, to build and unceasingly improve the market-oriented protection legal system in how to protect the interest of depositor when bank is insolvency. Seek a best balance point in that maintains the bank system to be steady, operates effectively the banking industry and protects the interest of depositor, and enhances the efficiency of entire bank bankruptcy procedure, then strengthens capacity of international competition. Therefore, in the situation, the question of depositor-interest protection becomes the focus to which the people pay attention once more.The article is composed of the introduction, the main text and the conclusion and the main text divides into three Chapters:Chapter 1 from the international aspect, firstly from the third-pillars of The New Basel Capital Accord—Market restraint analyze the market role of depositor in the ideal of overall risk management that be advocated by Basel committee. Secondly after comparing the different system of USA, Germany and India in how to protect the interest of depositor when bank insolvency, the author consider that the system of depositor-interest protection is suitable to there national conditions and is legalization; the country above pay attention to the depositor role in market function and establish auxiliary measure simultaneously. That all is the successful key of those countries above-mentioned, Taking this as the background, the author immediately analyze the development tendency of China banking industry, then educe the opinion that we should change the ideal in planned-economy time, we should establish the system of depositor interest-protection accords with market demands&balance efficiency and equity.Chapter II mainly analyze the actual practice, the present legislation and the existent main question in detail, then we know the reason of inefficient China finance industry is that: the legal system is unsound and legislation idea lags, administrative intervention becomes main methods dealing with a problem financial institution, all of this causes uncertain depositor benefit-protection and depositor difficult to form the reasonable market anticipation. Therefore, now we have to change the present situation, specially the transformation of idea of depositor benefit-protection.Chapter III propose the improved suggestion and legislative thought on how to protect the interest of depositor when bank failure, the suggestion is mainly: improve the system of information disclosure, the system of take-over of banks, the system of lender of the last resort; establish the Deposit Insurance System and a system of assigning responsibility for bank bankruptcy, through constructing the reasonable and the perfect system realizes market-oriented depositor-protection when bank insolvency, promotes the development of China finance industry quickly and better.Last of the part is the conclusion, the author summarizes the main content and retells the viewpoint of the article.