Studies On Legal Issues In Cross-border Bank Insolvency

As an important component of the financial industry, Cross-Border banks play a crucial role in the financial integration and the globalization of economy nowadays.However, crises exist like shadows as Cross-Border banks advance themselves, which not only hinder their own development, but also pose serious threats to the safety and stability of international financial systems.The phenomenon of the bankruptcy of Cross-Border banks, as a new and urgent issue, has aroused universal concern worldwide.In the thesis, with the main features of the bankruptcy of Cross-Border banks as a starting point, the legal principles of as the main focus, classification, comparison, induction, case analysis, etc. as research approaches, the basic contents of the bankruptcy of Cross-Border banks, collaborative models, and the legal principles such as the extraterritorial effect and the definition of bankruptcy assets are analyzed to great lengths. Lastly, in accordance with the present legislation and judicial practice of China in respect to the bankruptcy of Cross-Border banks, the inadequacies are explored as per handling the legal issues of the bankruptcy of Cross-Border banks, which will enhance the legislation of the bankruptcy of Cross-Border banks and international cooperation of China.The thesis has laid an emphasis on the analysis of the legal principles concerning the bankruptcy of Cross-Border banks, and then pointed out that the bankruptcy of Cross-Border banks is to a certain degree owing to the fact that the foreign directors accept that bankruptcy measures can be taken on the basis of the laws of the countries concerned, thus occur different applicable principles relating to the bankruptcy of Cross-Border banks. In the thesis, in terms of the extraterritorial effect, the principles, like the universal principles, the regional principles, and the neo-pragmatism principles, are thoroughly analyzed and illustrated respectively according to the legal practices of the main countries and regions concerned.After an analysis has been made of the legal principle of the bankruptcy Cross-Border banks, a proposal is put forward, regarding the practical conditions of China, that the general guidelines to crack the issues of extraterritorial effect of China should be "amending the main sub-bankruptcy procedure model directed by the universal principles or amending the model of the limited universal principles", giving full consideration of "communal interest principle" in legislation and judicial practice, and taking a positive part in the international cooperation with regard to the bankruptcy of the Cross-Border banks.It is hoped that the above-mentioned perspectives will contribute effectively to the solution for the legal issues concerning the bankruptcy of Cross-Border banks.