A Study On The Legal System Of Bankruptcy Of Commercial Banks In China

Commercial bank is the participant of market economy.As one form ofcorporations,it has to obey the evolution of the law of the jungle.When abank fails,it should be expelled from monetary market, to complete theoptimal allocation of resources.But in fact,in consideration of theparticularity of bank,bank insolvency follows a different path.Bankinsolvency is not so easy,but it does not mean that bank can not gobankrupt,on the contrary,if a bad bank can not be cleaned up,it will lead to aseries of chain reaction.It is in line with this understanding that the author think that we shoulddevelop a independent system for the issue of bank insolvency.The purposeof legal system of resolving insolvent banks is to set a orderly、safe、fair planand decrease the impact by a complete assignment.The first chapter of the thesis is about an overview of legal system ofresolving insolvent banks.Firstly,this chapter defines the concept ofcommercial bank.Secondly,this chapter analyses the attributes of the legalsystem of resolving insolvent banks,then draws a conclusion that this systemincludes more than one attributes.It not only has the element of privatelaw,but also has the spirit of public law.Thirdly,this chapter does someresearch on the value of the system from the positive and negativeangles.When building and improving the system,we need to promote thepositive value and avoid the negative one.Finally,the chapter expounds thatthe legal system of resolving insolvent banks is the special form of Enterprisebankruptcy law by comparing the bank insolvency and enterprise bankruptcy.The second chapter of the thesis is about the international comparison andrevelation of legal system of resolving insolvent banks.This chapterintroduces the development of the relevant systems in U.S.,UK and Japan.And on this basis,the thesis analyses the common ground and gets theinspiration to us.The third chapter of the thesis is about the current situation and problemsof China’s bank insolvency.This chapter draws a conclusion that althoughthere are not mass commercial bank insolvency cases in China,the banks maybe already in crisis.We should improve legal system of resolving insolventbanks immediately.The forth chapter of the thesis is about the advanced ideas of commercialbanks insolvency legislative philosophy.This chapter obtains two basic ideasdepending on the analysis of background and understanding of the wholesystem.The fifth chapter of the thesis is about how to improve legal system ofresolving insolvent banks.The following points are discussed indetail——legal theory, insolvency prevention, insolvency liquidation,insolvency remedy and supporting systems.The legal system of resolving insolvent banks in China is stillexploring.We have to deal with many current situation and overcome manydifficulties.This thesis gives some advices to the legal system of resolvinginsolvent banks in China,hoping that these will create someenlightenments,by taking national conditions into consideration.