Study Of Commercial Bank Credit Business Legal Issues

The global financial crisis since 2007 has caused great impacts and damages on the global financial system and in the USA, a large number of investment banks and commercial banks were threw into bankrupcy or reformation. In the struggle for resisting the damages and promoting recovery, the commercial bank credit has become an important control measures. According to statistics of People's Bank of China, in 2009, the stocking and increment of credit hits a new high, which plays an important role in the success of overcoming the financial crisis and guaranteeing the smooth development of the economy. However, concerns about the credit safety are widely rising among various circles of the society. Credit operation involves many legal issues and needs a sound legal system to regulate. The current Chinese credit legal system is still in unsound condition and lacks systematic regulations on some major legal issues. Based on the central business of commercial bank----the credit business, this thesis attempts to explore in legal context six main issues in three aspects systematically and proposes suggestions for the further improvement of Chinese credit legal system and the safe and orderly operation of credit business.This thesis is structured as follows:ChapterⅠ:the legal system of commercial bank credit business and its characteristics. In this chapter, the Chinese legal system of credit is summarized and four characteristicses of the current credit legal system are pointed out consequently.ChapterⅡ:the process of commercial bank credit business and its legal relations. In this chapter, the credit business processes is summarized and the legal relationships in credit operation is analyzed. The rights and obligations of legal subjects of credit legal relationships are outlined too.ChapterⅢ:the main legal issues concerning the standard form of credit contract. This chapter focuses on the validity of the standard form of credit contract and the obligation of disclose in the standard form of credit contract. Researches in this chapter are conducted in the legislative and practical perspective and suggestions for problems pointed out in this chapter are proposed.ChapterⅣ:legal issues in commercial bank credit guarantee. This chapter mainly explores the impact of the Enterprise Bankruptcy Law on commercial bank credit and the notice collecting of credit debt. The regulations of relating laws and regulations on the aforesaid issues are analyzed and suggestions to improve are proposed.ChapterⅤ:main legal issues concerning the preservation and liquidation of commercial bank credit debt. This chapter mainly focuses on the new types of pledge of rights and the corporation guarantee in credit business. In this chapter, the defects in relating laws are analyzed and consequently, measures to improve are proposed.