Study On The Legal Problems Of The Financial Institutions Bankruptcy

In this market-oriented economy, bankruptcy is inevitable for enterprises because of the law of jungle. Compared with common enterprises, the bankruptcy of financial institutions is different in the cause of bankruptcy, insolvency proceedings, bankruptcy reorganization procedures, liquidation procedures and bankruptcy responsibilities. Considering the special nature of the financial institutions, many countries have a cautious attitude towards the problem of the bankruptcy of these institutions and have set up and perfect their relevant legal systems on financial institution bankruptcy.This paper constructs the legal system on the bankruptcy of financial institutions in China. On the one hand, it combines the real conditions of the economy, finance and laws in China and fully learns from the good experience from abroad. On the other hand, it pays attention to both the speciality of the bankruptcy of the financial institutions and the similarity of the bankruptcy between financial and common institutions. In a word, it constructs a comprehensive legal system of the financial institutions bankruptcy including insolvency proceedings, bankruptcy reorganization procedures, liquidation procedures.