Research On The Legal System On The Settlement Of Crisis Of The Chinese Business Bank

In the World Economic Outlook published in May, 1998 by International Monetary Fund, the bank crisis is defined as: the actual or patient bank run and bank fault lead the bank to stop repaying its debt; or the government is forced to reinforcement enormously to prevent such case. The bank crisis is inevitable, including China. There are seldom Chinese legislations on bank crisis, and the relevant settlement rules are insufficient. Thus, it is essential to complete the legislation on the settlement of the bank crisis. Through standardize the settlement of bank crisis, to avoid or reverse the credit crisis and renew the normal business ability. Reduce, particular avoid, the"domino"linkage turbulent produced by the bankruptcy of financial institution, to avoid the dissolution, failure and bankruptcy of financial institution arbitrarily, to remain the stability and prosperity of banking.This dissertation, through analyzing the current settlement of business bank crisis, quoting the legal experiences on settlement of business bank crisis in the typical countries such as America, German and Japan, considering the current situation of Chinese business bank, tables the proposals about how to complete the legal system on the settlement of crisis of Chinese business banks, to remain the stability of banking. This dissertation is divided into four parts:The first part is the general analysis of the settlement of the business bank crisis. In order to define the scope of the research in this paper, the definition of"bank crisis"and"settlement of the bank crisis"must be confirmed first. The significances of establishing and completing the legal system on settlement of business bank crisis would be introduced further.The second part summarizes the legal system on settlement of business bank crisis in the typical countries such as America, German and Japan. Basis on the current situation of China and transform of economic finance, it brings the experience on legal settlement of business bank crisis in abroad and the edification to China. America is financial holding model; German belongs to universal banking model and Japan is lead bank model. The transforms of banking in the three countries are general and typical.The third part introduces the current situation and problems of the legal system on the settlement of crisis of the Chinese business bank. In light of the current operation situation, it analyzes the problems in the operation of the Chinese business bank, primarily including the bank self-discipline, low-efficient internal control system, insufficient equity and efficiency, lack of independent settlement part outside government and uncompleted settlement system on risk.The forth part focuses on the drawback and fault of Chinese current situation. It gives the suggestions on completing the legal system on the settlement of Chinese business bank crisis in terms of the legislation principle and settlement models.