A Study On Law Issues Of The Problem Bank's Restructuring In China

As an effective way of resolving crisis of bank, restructuring is used by many countries in the world. It plays an important role in solving the crisis of bank, and it is more important to maintain the stabilization of finance system and the safety of economic. It is a deep reformation of bank system in our country. At present, restructuring of problem bank is written by The Supervision Law of Bank , Business Bank Law and Corporation Law in china, but they are only a principle explanation. They have less operation, and are no good to restructuring of problem bank.Following the clue of "consummating the restructuring of problem bank", the article introduces and analyzes this institution particularly. Then, it points out the deficiency in the ways of theory and practice, and raises some settlement views. Except of preface and conclusion, this article is divided into four parts:Chapter 1: Summery of restructuring of problem bank. First, the chapter analyzes the two concepts of "problem bank" and "restructuring". On the basis of these, It introduces some other problems, such as the signification of restructuring, the choice between the restructuring and the bankruptcy, and opposite choice of restructuring of problem bank and so on.Chapter 2 : The legal case analysis of restructuring of problem bank and the problems in the process of restructuring in china. On the basis of analyzing the legal cases, The Chapter points out the efficiencies of restructuring's exterior surrounding and institution.Chapter 3 : The correlated legislation of foreign countries about restructuring of problem bank. By analyzing these correlated legislations in the chapter, such as the America, England, Japan and so on, it provides the plans for next chapter about the consummation of restructuring of problem bank in china.Chapter 4 : Consummating the correlated legislation of restructuring of problem bank. Basing on the three front chapters, the chapter raises the views of how to consummate external environment, including the macroscopic economic environment, the market's restraint, and the behaviors of government and so on. Then the chapter sets forth the concrete methods about consummating institutions of restructuring of problem bank and monopolization problems about M&A for problem bank. It brings forth new ideals for this article.