Research On The Legal System Of The Commercial Banking Crisis Prevention And Salvation

Finance is the core of the modern market economy, financial market order directly related to the healthy development of the national economy. Banking in the financial system in a country occupies an important position. As the special nature of the banking sector, it is extremely broad, deep penetration and the proliferation of sexual function. Banking is the nerve center of the national economy and socio-economic regulation, it can affect national social, political and economic development, and its stability directly related to social and political situation and national economic stability. The practice of market economy countries that: Whether developed or developing, the main bank for the financial sector are the most severely regulated industries, the legal system of the commercial banking crisis prevention and salvation is an important part in the state intervention of market legal system. As the banking system in China's financial system at an important position, and it is stable for the entire national economy and stability of the decisive significance, strengthen banking supervision and prevent banking crises, safeguard the financial system's security and stability, protect the interests of depositors and the community is gradually becoming a consensus. This study analysis on the security value, pay attention to the banking crisis affecting social security, government, banking, social interaction triple the supervision of the main practical basis, integration and innovation of China's traditional banking supervisory resources, build a new preventive and Rescue both of the commercial banking crisis in the disposal system.In this study, the author first expounded on the basic commercial banking crisis theory and analysis of commercial banking crisis generated by internal and external reasons and causes of the system, combined with law, economics, finance, and other relevant theories, Including the incomplete theory, asymmetric information theory, theory of financial vulnerability, the risk of moral hazard theory, The commercial banking crisis salvation and the legal system to guard against a multidisciplinary perspective of the more comprehensive system of analysis, on the basis of the "new crisis prevention and salvation theory", to deepen and develop the traditional theory of crisis prevention and salvation, and from attribution system, depending on the threshold of the value of the banking crisis relief and prevention of specific systems designed for accurate positioning, so as to commercial banks crisis prevention and relief on the legal system reinforce the theoretical basis, to provide theoretical guidance.Secondly, compared the domestic and international commercial banking crisis prevention and salvation legal system, analysis on "the Societe Generale bank incident", clearly the international financial crisis prevention and relief of the basic direction and the overall trend of China's commercial banking crisis disposal of the status quo and missing, which was a useful reference and inspiration for China's commercial banks crisis prevention and relief of systematic establishment of the legal system to provide useful guidance to the reality of ideas.Thirdly, build a new commercial banking supervision system with dynamic, flexible, systematic mind, to effectively control and prevention of banking crisis. To the lender of last resort system, the deposit insurance system and credit risk system as the basic elements of construction of China's commercial banking crisis salvation systems, to achieve effective control of the bank crisis and to prevent the spread of the crisis. On this basis, optimizing the ecological environment of commercial banks, commercial banks promote the disposal of the international crisis coordination, follow the international trend of the commercial banking crisis prevention and relief legal system.In this study, we hope the relevant government units to provide for future legislation amending the law or reference, and contribute to China's commercial banking system's sustained and healthy development.