Commercial Banks To Exit Mechanism And The Interests Of Depositors Security Law Theory

Under the market economic conditions, the indeterminacy based on economic financial movement; functions of the natural law—"Superior win and the inferior wash out"; the inner requirement of the management and development of commercial bank; the proceeding of financial system reform and China's entry into WTO. The financial market soon comprehensively lets loose, market competition between commercial banks day by day also becomes intense. If the economy had problems, its final and the highest reflection inevitably is the problem of finance that is "the modern economic core", but extreme and the thorough reflection of financial problem is the financial chaos that finally causes closure and bankruptcy of various financial organs. The financial industry particularity has decided in the financial domain noble character danger and creditor's wideness. Therefore, when processing a questioned commercial bank, the first important matter is to guarantee the national economic stability. So we must found in China the deposit insurance system, protecting all the middle as well as the small depositors' benefit.The withdraw of commercial banks from the market refers to the closure of commercial banks according to the certain procedure business, the cleaning up creditor's rights debt, the closure of organization, loss of the independent legal personality, namely commercial banks' civil right ability and civil capacity losing. This article tries to compare, analyze the supervising and managing organization legal system of America, Japan, England, Germany's commercial banks and so on, .which withdrew from the financial monitoring organization. The core is that we should defend the public confidence and reduce the unstable factor in financial system movement process. When the banking financial enterprises have the risks, the authority intervenes in these commercial banks and summarizes two basic principles. One is "a double times of the lost", which means final loss is often the amount two times that of the former estimation; the other is "the quicker the better", which means if we take more time we will lose more. After commercial bank's market withdrawal was abolished, the bankrupt measure utilization has the hugest impact on depositor's benefit, but at present our country still is in the exploring condition in these...