| With the arrival of the "Risk Time", a variety of unexpected public crisis is eroding the habitat for humanity, and twisting the social order.The run on a bank during the SARS, the loss of important data in financial institutions, the abuse of credit card information, bank risk in subprime mortgage crisis, bank insolvency derived from the illegal operation, circulation of counterfeit money occurred in several provinces...These examples illustrate a truth:The modern crisis charactered by expansion of bank risk is eroding the life of "economic man", and even the life of "ordinary", and threatened the country (local, regional, and even global) economic security.Banking emergency (objectively speaking, due to unexpected time, a variety of causes, ripple effect and high costs; subjectively speaking, based on the weak interaction between the financial practice and the law theory, emergency acts of Arbitrary acts and non-comprehensive system in emergency procedures) has not been included in the legal system scientifically. Therefore, a special study on this issue has far-reaching significance in theoretical research and financial practice.Into the 21st century, China has adopted a new development model, and is practicing the "Scientific Outlook on Development". Therefore, based on the theory of economic regulation, the theory of credit regulation and multidisciplinary approach, this thesis explore the mechanism of banking emergency and designed the legal system. In short, the purpose of the thesis is in order to maintain the stability of financial order, as well as the right (power) optimization.The first part introduced the macro background, basic theory, analytical methods and writing goal. The second part describes concepts, characteristics and core issues in banking emergency. The third part discusses legal principles, legal characters, operation mechanism and liability system. The fourth section describes a unique system.
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