International Inter-bank Liquidation Legal Issues

With the core topic of "international interbank clearing", the thesis introduces the current international payment and clearing situation, compares and analyses the clearing methods of different payment and clearing system home and abroad, then proposes suggestions to develop China's payment and clearing system to a level as high as international standard.There are four chapters in the thesis. Chapter One mainly introduces the international financial organization, financial market and the corresponding payment and clearing system, providing readers a general understanding of the current payment and clearing status of international financial market and set the definition of "international interbank clearing", as well as those of famous foreign payment and clearing system concerning US dollar and ERUO.Chapter Two puts emphasis on introduction to operation modes of international payment and clearing system, as well as regional and nationwide payment and clearing system (CHIPS, FED WIRE), and makes comparison and analysis of settlement schemes, for example, real-time gross settlement (RTGS) and designated-time net settlement (DNS) arrangement.Chapter Three, based on the introduction and analysis of the first two chapters, mainly deals with the main substantive legal problems in international interbank clearing, including electronic fund transfers and set-off and netting schemes. In comparison of the civil and commercial laws in different countries, the author expresses his views concerning Chinese legislation on payment and clearing rules, payment evidence and construction of legislative environment, etc.Chapter four give a close look on the governing law on international interbank clearing, and in the end give suggestions on Chinese legislation on payment and clearing system in the comprehensive scale.