Legal Research On The Bankrupt Of International Banks

In the tide of finance globalization, international banks play quite an important role. On the one hand, they effectively regulate the fund for the material configuration, on the other hand, they posed an invisible menace to the financial security of the countries due to the great amount of midst operations and get into debt operating mode. Although it is an universal trend to enhance the supervision and management on the bank industry, supervision itself does not and can not guarantee that all the bank operations are under good condition in the market-economy, and banks are enterprises too, they should and must be enslaved to the market competition regulation. Nowadays it is universally acknowledged after the hypo-loan crisis and the scandal of the French Industry Bank that the supervision on banks are always imperfect, which cannot avoid the crisis and bankrupts easily, and it is quite significant to maintain the financial order and national economic security to exercise the international banks bankrupt system. Involving many countries and areas, once facing the bankrupt crisis, international bank will cause a lot of complex problems, which we should be well prepared to handle. However, being long-term enslaved to plan-economy system, government credit as well as state credit guard the banks, leaving no competitions, exit and bankrupt to the banks, and this kind of consciousness leads to the weak hardship consciousness in the bank industry, and faultiness in the bankrupt regulations, especially in the international bankrupt areas. Therefore, the author tries to analyze the legal problems of the bankrupts of the international banks.Universality and territoriality are contrary concepts which cause many discussions. Different countries adopt different basic principles, leading conflicts between procedure legislations and substantial legislations. But with the increase of the international bankrupt cases, all the nations are now aware of the importance of international collaboration in dealing the bankrupt problems. International collaboration can be carried out in many ways, but the author holds the belief that the condition to establish an uniformed international pact is not mature enough, and the effect of a demonstrating act is also instructive and periodic, however, to intercede by neutral international organizations is a more flexible way, which could treat different problem with different solutions, and it is in favor of the problem-resolving.At the same time, the author deems that we should attach importance to the pursuits in different stages of the bankrupt, and the applications of the universality and territoriality. At the stage of the bankrupt preventing, it is quite critical for the supervision institution to interpose rapidly. On the one hand, the metropolitan supervisors should be endowed with enough power to conduct supervisions directly (including take-over, reforming, etc.), on the other hand, other countries usually endow with power to administrative institutions rather than judicial institutions to guarantee the professionalism and betimes in dealing with bankrupts, therefore, harmonization between the two is necessary. According to the author, deferring to the global supervision of the host countries on the administration basis is a good way, and endowing with them more choice. And at the liquidate stage, the kaput of the bank is unavoidable. The legislation pursuits include two aspects, first, to seek stability of the society, and enhance the special protection to the small creditors; secondly, the equal amends to the creditors globally, namely the balance between order and equality. Therefore, the author suggest that at the liquidate stage, globally equal amends should be taken on the basis of protecting the small-amount depositors.