Research Of Perfecting Law Supervision System Of Commercial Bank Withdrawal

Commercial bank withdrawal means that the commercial bank loses the qualification of managing money in financial business from the widest sense. According to the principle of commercial bank withdrawal and the position and performance of administrative power in commercial bank withdrawal, it can be divided into administrative withdrawal and market withdrawal, and according to the wish of commercial bank withdrawal, we usually separate it into voluntary withdrawal and compelling withdrawal. It is necessary for the commercial bank to participate in market competition, so it is inevitable for the commercial bank to face the risk of withdrawal. Under the competition circumstance of market, business of the commercial bank is bound to be ruled by the laws of market competition. So the commercial bank needs a mechanism to deal with the rule of survival of the fittest, commercial bank withdrawal provide a channel when it fails in competition. But the commercial bank as a kind of special financial enterprise, it is different from other financial institutions and ordinary businesses. The "domino" effect of commercial bank withdrawal and its public nature make the government or the banking regulator both hold a very cautious attitude to it. But when the prudential supervision develops to a certain extent and lacks adequate legal regulation, it may evolve into administrative intervention for commercial bank withdrawal. So that will hinder the market competition rule in commercial bank area, and create the market inefficient in allocating resource of commercial bank, even accumulate greater risk, causing a crisis of the whole financial system or economic system.The commercial bank withdrawal in our country is basically of the executive-led, it mainly rely on administrative power to deal with commercial bank withdrawal and the issues related to. So the result is that the administrative intervention is common in the commercial bank withdrawal, and the exercise of executive power is lack of normative. Our law about commercial bank regulation is still defective, and the legal system is not complete, the existing law is lack of maneuverability, most of the applicable provisions come from normative documents of administrative authority, it exists inconsistence among these regulatory documents or between law and regulatory documents, it makes the regulation of commercial bank withdraw by law is very limited. Therefore, we should strengthen the operability of law and other normative documents on commercial bank withdrawal supervision, gradually establish a legal system of commercial bank withdrawal supervision which adapt to our country, construct and consummate a matching safeguard mechanism of commercial bank withdrawal.