A Number Of China's Commercial Banks Bankruptcy Thoughts On The Legislative Issues

As the market economy in China depth development, development of China's commercial banks insolvency law is very urgent matter. Commercial banks insolvency. law and general insolvency law is a significant difference, which stems from commercial banks by the bankruptcy problem with particularity, in the performance of its special nature of the intervention of powerful countries. In response to this particularity I mainly from the five aspects of China's discussed a number of issues of commercial banks bankruptcy legislation idea. First, establish and improve commercial banks bankruptcy reorganization before the rescue system. In reference to foreign legislation proposed on the basis of China's conditions for the purpose of restructuring aid. Apart from restructuring also discussed the implementation of relief agencies, as well as the choice of ways to help restructure the consequences. Secondly, the establishment of commercial banks in China to spread the risks of insolvency system. This part focuses on the bank deposit insurance system, including the establishment of the deposit insurance system need, the system is the risk, in view of the measures taken these risks, and to protect the implementation of this system should take relevant measures. Third, improve the conditions for commercial banks bankruptcy. The original law explicitly on the basis of the commercial banks, the sponsor of the insolvency proceedings and bankruptcy standards. Fourth, the establishment of insolvency bank property system. This part discusses the selection of the insolvency administrator, the scope of the estate and cash, adjustment of the existing order of liquidation of the property. Fifth, China's multinational banks bankruptcy extraterritorial effects of the concept of basic principles. This part of the multinational banks on bankruptcy extraterritorial effects of the basic principles and practice of foreign legislation, which is based on China's multinational banks bankruptcy extraterritorial effects of the basic principles.In this article, several questions are discussed, which is based on the valuable target of commercial banks and legislation of foreign countries. I hope it is valuable to our insolvency law of commercial banks.