China Bank Failure Bank Of Political Power And Judicial Power In The Conflict And Its Resolution

Because banking is a special industry and it makes differences to security of financial system and society stability once insolvency, so regulatory authority would keep an eye on bank insolvency. Joining in the bank insolvency together, administrative power and judicial power is easy to conflict. The conflict between administrative power and judicial power during the bank insolvency is one of the important problems in bank insolvency legislation. Not only that the conflict refers to bank insolvency practice, but it decides the pattern of bank insolvency legislation and its content in one country. Neither there is the law of bank insolvency, nor happened bank insolvency in our country until now,but marketization reform and internationalization in banking needs the legislation of bank insolvency as soon as possible. So this article research into the basic problem of bank insolvency legal systems.This article concentrates on the conflict between administrative power and judicial power during the bank insolvency, in order to construct the framework of our country's bank insolvency legal systems. So this article sets eyes upon the whole process of bank insolvency, considers both the dominant strength of every stage at macro level and conflicts between administrative power and judicial power at micro level, and at the same time investigates other country's legal systems all-around, aims at solving the conflicts between administrative power and judicial power during the bank insolvency and outlining the framework of our country's bank insolvency legal systems in the future.This article uses method of comparative analysis,empirical analysis,inductive analysis and deductive analysis to research, and at the same time pays attention to incorporating cases and theories, theories and realities of our country's community economy and systems, trying to make the conclusion practical.This article can be divided into six chapters. Chapter1 is the introduction of bank insolvency, including the meaning of bank insolvency,specialties of bank insolvency and institutions that join in the bank insolvency, in order to define extent of the concepts and basic of the theory.Chapter2 is the critic on patterns of legislation and administration of our country now, and then raises the points on patterns of legislation and administration that we should choose in order to establish preconditions for the paper.Chapter3 are examples of conflicts between administrative power and judicial power and analysis of reasons for conflicts between administrative power and judicial power.Chapter4 is investigation of bank insolvency legal systems of foreign countries. Including Switzerland, France, America, England and Bulgaria, especially focuses on the legal systems that regulatory institution and court of justice join in the bank insolvency process at the same time. Then analyze and conclude advantages of different legal systems in order to take examples from them when we legislate in the future.Chapter5 is the methods that solve conflicts between administrative power and judicial power in the future after comparative analysis, including principles, general train of thought, macroscopic solutions, microcosmic suggestions.Chapter6 is the conclusion of this article. Though I try my best to research this problem, this article is still defective. At the end of the article, lots of problems which needed to be researched further based on this article in the future are raised.