A Study On The Legal Problems Of Bank Insolvency

Currently, banking industry develops quickly. At the same time, the banking industry has accumulated a great deal of risk. Even the banking industry faced with the same dynamic effect, bank crisis would lead to confusion and chaos.For lots of reasons, more and more risk has been accelerated in banking system while this system has provided credit for economical development. The liability of bank is full of liquidity, which the capital of bank lacks, that is why the risk of payment exists when the floating capital can not satisfy the need to pay floating debt or the bank could not raise funds to pay matured liability, the risk will exist in bank, and the operation of bank will be confronted with the risk of insolvency.When a bank secedes from the market, the depositors who are afraid that other banks will follow the same old disastrous road will run on banks. In fact, when the risk of banking has accelerated to some extent, it will become crisis, and it is not surprising that the bank will go bankrupt and go into liquidation. This paper is established in this point: the primary task of reforming of bank is not only to establish the rehabilitation mechanism to promote development of bank, but also to establish the Darwinian mechanism according with the market-oriented economy.In this paper, the basic idea is, in theory start with, the insolvency of banks through the theoretical overview and analysis, and developed countries on bank insolvency through the legal system status, the Bank of China's legislature to discuss the situation, identify the bank bankruptcy law, centering on China Bank of bankruptcy experience in the legal system, China's banking system to reflect on bankruptcy law, the law needs to explore China's banks bankruptcy countermeasures.This paper is divided into three sections: introduction, body and conclusion, the four chapters of the text.The introduction is the foreword of the paper which reveals the academic background. Bank insolvency not only has extensive background and resources in jurisprudence, but also has significance in practice. It is the premise of this research. The author relies on scientific method and logic arrangement to reveal his thoughts.The follow parts focus on the theoretical study. Then the thesis puts forward the problem of the law on bank insolvency, which is related to the fundamental problem of how the legal system of bank insolvency develops.This paper thinks that the entire legal system of bank insolvency should include the system of prevention, the system of liquidation and the system of relief which are interactional and independent from each other.This paper puts forward that the legal system should include the measures of administrative relief dealing with insolvent bank, and assort the prevention into two classes, the former include the administrative supervision mainly by administrative relief, and judicial procedure mainly by restructuring.In this paper, the author discusses some specific systems including the application, causes, trustee and power structure of bank insolvency. As to the regulation, the supervision of risk in bank system, warning and rating system, the author thinks they are the premises of establishment of legal system of bank insolvency, but they don't constitute this legal system.