Thinking, Of The Laws Of The State-owned Commercial Banks' Bad Loan Problems

The huge bad loan accumulated by the State-owned commercial banks for years has become an increasingly serious social problem and has posed a great threat to China's macro economic development and social stability. Especially since our access into WTO, in order to abide by our commitments, Chinese Government will open financial market to the outside world, so that our banks will stand at the same point with foreign banks. So how to improve Chinese banks' independent business capacity, especially how to dissolve the risks brought by huge bad loans, has become an evaded problem. The measures to solve the problem of bad loan taken by Chinese Government in an effort to enhance our banks' entire operation ability have seemingly made the problem under control, while as a matter of fact, the problem of bad loan has not been get rid of fundamentally and become more serious. Beginning from the knowledge about the development of dividing standard of bad loan, the thesis makes analysis of reason that the bad loan comes into existence in different stages and brings forward some legal thoughts and regulations for solving this problem, combining the experiences and lessons used by foreign countries to solve this problem.The thesis is divided into for parts. The First Chapter: Introduction.The first chapter demonstrates the necessity to study the problem of bad loan emerged in state-owned commercial banks and underscores the essentiality and urgency.The second Chapter: Analysis about the problem of bad loan emerged in state-owned commercial banks.This chapter firstly introduces the history process of bad loan in different stages and then relates the understanding about bad loan, by which the thesis produces an initial narration of the bad loan problem in Chinese commercial banks.The Third Chapter: the experiences and lessons of drawing from foreign countries' to solve the bad loan problem.The third chapter not only analyzes the typical experiences from Hungary and Poland, which once had the similar political system with that of China;but also explains the measures adopted by USA and Japan when dealing with their own bad loan, through which . China will gain some useful experience.The fourth chapter: the legal thought about solving bad loan problem emerging in state-owned commercial banks.In the basis of the above analysis, this chapter brings forward legal thoughts and ideas about solving bad loan problem from such four aspects ranging from confirmation and restriction of administrative power executed by Chinese Government, consummation of the structure of the administration by legal person, consummation of related law and regulations to consummation of constructing capital market system. The thesis takes economic theory as cornerstone to put forward three basic principles about the Government executing economic right complying with related law. It advocates corporation transformation on state-owned commercial banks according to modern enterprise system;advises to work out restructure system for companies and establish personnel negation principles. It also makes suggestions to accelerate the development and the consummation of capital market and to advance the corporation reform of state-owned commercial banks and state-own enterprises. This thesis believe that the key to get rid of bad loan problem is the innovation of system and the continuing improvement of the above four aspects.