The Judicial Conflict And Coordination Of Multinational Bank Bankruptcy

With the integrating of the global economy, more and more commercial banks set up their overseas branches or agencies. As a financial institution it does business beyond one country. It can be called multinational bank. The powerful function of multinational banks and its bankruptcy bring a far-reaching influence to the global economy. For this reason, we must pay great attention to their operation. This paper discusses how to deal with the issues and problems arising in legal aspects when a multinational bank goes bankrupt and the effective access and ways to assort with and solve.At home, heightened interest has been given in the subject of multinational bankruptcy from different point of view and study mode by some scholars. However few achievements had been found in the subject of multinational bank bankruptcy in our country. This thesis is based on the two following research results: the research results concerning general bankruptcy and multinational bankruptcy in our country, and achievements related to the subject of multinational bank bankruptcy abroad. This thesis consists of six chapters. Chapter One briefly discusses the relevant concepts such as multinational bank bankruptcy and particularity of multinational bank bankruptcy. Chapter Two discusses in detail the conflict of multinational banks insolvency in judicial principle. The judicial principle of multinational banks insolvency in each comities is quite different in practice and theory. It is in the form of two pairs of basic principles. Chapter Three analyzes the applicable law of bank bankruptcy. It puts forward suggestion of legislative model in our country by comparative analysis of two models of bank bankruptcy act in the world: applying general insolvency law or special law. Chapter Four is about the conflict of executive power and judicial power through the process of multinational bank bankruptcy. Chapter Four makes detailed study on the extraterritorial effect of transnational bank bankruptcy. The high risk of multinational bank decides the involvement of regulator. Therefore, the conflict of executive power and judicial power should be the subject to solve. There are two pairs of contradictory principles to this question: universality principle and territoriality principle; single entity principle and separate entity principle. This part analyzes these two pairs of principles and gives some suggestion on legal orientation. Chapter Five studies the uniformity of the law of transnational bank bankruptcy. The better approach to resolve this question is to adopt unified model law to coordinate. Following the above five chapters, Chapter Six makes a brief introduction to the practices in China in coordinating the conflict of transnational bank bankruptcy, with focus on some constructive advices on legislation selection and legislation model for transnational bank bankruptcy.