Chinese Commercial Bank Insolvency Regime Barriers And System Construction

There is open there is close by all means, which is the basic request of the market economy. The withdraw methods of commercial bank mainly are dismiss, cancel, purchase & assumption, bankruptcy etc. But up to now only Guangdong trust the investment company is the real case which have bankrupted through the judicial process, still have no bank pass the judicial path for bankruptcy. The local bank debt-to-asset ratio is widespread and higher, which could not reach Basel Agreement's provision on capitalization rate. Entry into WTO five years later, the local bank will face the overall competition in RMB realm with the foreign capital bank."Internal revolt and outer invasion"urges the banking system risk, the assets profitability's descends will let the bank get close to a bankruptcy.With the development of the market economy,"bankrupt law of the People's Republic of China (1986)"has already not adapted the need of the social development. Although the new bankrupt law (draft) carried on some braves in investigation to perfect our bankruptcy law system, there still have no new breakthrough on the bankruptcy system of the financing institution. Therefore, in order to make the national financial safety and the bank system stability, the bank bankruptcy mechanism becomes the critical issue of banking supervision in China. The article tries to carry on analysis to the barrier factor of the bank insolvency from many levels, having a foothold in the basic principle of the bank insolvency system in drawing lessons from the foreign bank insolvency experience, putting forward some viewpoints to the bank insolvency system from the angle of the law.The textual research object is the bankrupt system of the Chinese commercial bank, in addition to introduction, is divided into four chapters...