Study Of Deposit Insurance Legal Issues

Along with the financial liberalization and the financial internationalization expansion, guards against and melts the financial risk, the safeguard finance security, becomes important topic which the financial industry must face. The deposit insurance system arises at the historic moment in the American 20th century 30's financial crises, the global finance crisis event has had under repeatedly the background since in the 1980s, causes the various countries widely to take and to obtain the vigorous development. At this point, the deposit insurance system already is recognized together with financial supervising and managing authority careful supervising and managing as well as the final lender system as the financial safety net three big basic essential factors. The deposit insurance is one kind of special form insurance, is refers conforms to condition bank and each absorption deposit non- bank financial organ takes out insurance its absorption deposit according to the certain premium rate to the deposit insurance organization, when takes out insurance the depository institution faced with the crisis or the bankruptcy when cannot pay the deposit, by the deposit insurance organization replaces payment legal amount the insurance money. Belongs to from the deposit insurance law of insurance category looked that, first, the deposit insurance insures, aspect and the liability insurance and so on insurance sign, compensation quota, social effect characteristic in the third person tallies, must belong to the liability insurance the category. Next, the deposit insurance is different with the commercial insurance or the social security; it must be one kind of policy-type insurance.The deposit insurance system rationale has three aspects at least the contents: One is the financial system intrinsic unstable theory, this theory promulgated the bank to take finance intermediary, inevitably had the fluid risk and the credit risk. The depositor took bank each kind of risk final bearer, must safely give the protection to its deposit. Two is the information not asymmetrical theory, this theory had pointed out in the money...