Legal Thoughts On The Disposal Of Bad Assets Of State - Owned Commercial Banks From The Perspective Of Judicature

As the only twenty years of the state-owned commercial banks’ non-performing assets disposal, has experienced the two stages of the policy disposal and disposal of the disposal, the disposal of the means is also from the full dependence on administrative means to the administrative legislation and judicial to make up the blank. However, only by the State Council "Financial Asset Management Co Ordinance" and the Supreme Court’s judicial interpretation, obviously can not meet the needs of financial development change rapidly. At the same time, because of the characteristics of bad assets disposal, the people’s court in the trial of bad assets of state-owned commercial banks in the case of disputes, there is a situation of understanding and application. Therefore, this article from the historical review of the bank non-performing assets, the state-owned commercial banks non-performing assets of the generation, the status quo, and the basic situation of the judicial disposal of a comprehensive introduction. In the view of the judicial field, the legal relationship between the main body and the confirmation of the validity of the transfer contract is determined. On the one hand, it is helpful to highlight the exclusive characteristics of the bank’s non-performing assets disputes, and the difference between the general loan disputes, the other is to give the non financial institutions to protect the transferee of equal protection. In addition, in the disposal of specific judicial procedures, including the trial, the implementation of a number of typical problems, and proposed solutions. In particular, the information disclosure and judicial review of the insolvency proceedings of some good practices, in order to enhance the transparency of the disposal of non-performing assets. Judicial practice is to provide sufficient material and valuable experience for the legislation, this paper summarizes the problems and countermeasures, I believe it can promote the state-owned commercial banks to further improve the disposal of non-performing assets in the legislation.