At present, the question of unhealthy credit of the commercial bank has caused great concern, and the harm brought by unhealthy credit to the bank and the whole society has come to the light with the outbreak of the South-Asian financial crisis. The question of how to avoid and eliminate unhealthy credit funds in Chinese commercial bank in order to realize creditor's right and to avoid financial crisis has long been attracting the interest of scholars and financial workers' study. The author finds that most of their view points merely stick on the specific economic measures and few of them put emphasis on the legal improvement on the problem of unhealthy credit funds. Based on a legislative perspective, this paper attempts to make a systematic theoretical analysis of the problem of Chinese unhealthy credit capital and to propose some personal jural suggestions. In the paper the endogenic and exogenic cause of unhealthy credit capital in Chinese commercial bank will be analyzed, and foreign legislation and practice on the elimination of unhealthy credit capital will be compared with that of China. |