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The Regulator's Role Orientation Of Banking Institutions' Cross-Border Insolvency

Posted on:2010-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ZangFull Text:PDF
GTID:2166360272993650Subject:Economic Law
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Along with the development of the economy globalization and the finance incorporation,a mass of large-scale cross-border banking institutions emerge in the international financial market.However,it is inevitable that a new market will arise while an old one drops out.The issue of cross-border insolvency brought by the withdrawl of such institutions is an arduous task to cope with during the financial crisis. Combined with Chinese concrete reality,relevant legislation has just came into the initial stage,as all of such regulations have been limited in the Enterprise Bankruptcy Law as well as some provisions in the Civil Procedural Law.The sheer vacuum legislation about banking institutions' cross-border insolvency resulted in the handicap in the treatment of the cross-border cases and the safeguarding course of domestic creditors' interest.It is such situation that shows more importance of the authorities of the regulator.On the basis of analysis of material and theory,the thesis focuses on the construction of the supervision system with regard to the cross-border insolvency of banking institutions.And the text is divided into five parts:The first chapter explains the overview of the banking institutions' cross-border insolvency,starting from "insolvency" and "the cross-border insolvency",defines the field of argumentation and the implication of specific terms in this article,particularly compares the cross-border insolvency of banking institutions to those ordinary enterprise insolvencies to reveal the significance of such research.Furthermore,this part establishes the basis of the latter analysis by the introduction of extra-territorial effect about the cross-insolvency.The second chapter illuminates the supervision of banking institutions' cross-border insolvency,and emphasizes that the resolution of any supervision conflicts should depend on countries' cooperation and coordination.Based on this,this part analyzes and summarizes the difference in legislation and practice about some typical countries and international organizations to draw its experience.Finally,this chapter summarizes Chinese relevant legislation and puts forward the current problems.The third chapter firstly sets the case of Lehman Brothers Company Insolvency as an example.After synthesizing abundant digital data,this part summarizes the difficulties faced with during the practice of banking institutions' cross-border insolvency to clarify the object of study. Meanwhile,this part includes the appraisal of the regulator's performance during this case.The last part intensively explains the role orientation of the regulator during the cross-border insolvency of banking institutions.At the basis of drawing lessons from the international practical experience,this part has a detailed definition of Chinese supervision body's function and a number of feasible advice for Chinese relevant legislation.In the conclusion part,at the basis of this whole research,the author has summarized the research achievements,and re-emphasized the importance of the regulator's ability to cope with crisis and relevant legislation.The author insists that it should effectively safeguard domestic creditor's benefit and the stabilization of the financial system in the procedure of banking institutions' cross-border insolvency only if the short-term supervision function and the long-term relevant legislation be linked.
Keywords/Search Tags:the cross-border insolvency, foreign banking institutions, Lehman Brothers' insolvency, supervision system
PDF Full Text Request
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