| The finance is the modern economy core, the finance safe directly affects the state economy security. Presently, the state-owned commercial bank not good credit property amount is huge, is affects our country finance security the important hidden danger. Legally protects the state-owned commercial bank creditor's rights, prevented the state asset drains, relates the country the economic security, this has become the current our country readjustment of the economic structure and in the monetary system reform process important question. Enters along with the state-owned commercial bank not good creditor's rights handling work attacks a fortified position the stage and the handling difficulty enlarges, the handling way multiplication, how people and the society from all walks of life in tries to the people's court to involve in not the good financial claim case with the execution legally to protect the state-owned commercial bank creditor's rights, prevented the state asset drained set a higher request. Because our country at present the judicial independence is not strong, the local administration strength intervention still exists in particular in the judicial process, the state-owned commercial bank creditor's rights case place tendentiousness quite is obvious in the judicial process, interlocks in the trial and the implementation with the place benefit weaves. Simultaneously because in the last few years our country banking industry develops rapidly, the commercial banking operation develops day by day to the specialized direction, People's Bank of China to commercial banking rule request change quicker, moreover around rule difference bigger, even around is clearly opposite. Overwhelming majority judge has not received the special finance professional education, will lack the financial work the experience, is not familiar to the bank service, in particular is not familiar to the financial rules and regulations content and its the development change, causes to place on trial in the process at the partial state-owned commercial bank creditor's rights case, the case qualitative does not permit, the entity referee is wrong, the partial state-owned commercial bank will not be supposed to lose a lawsuit the case will decide lost a lawsuit. In involves the state-owned commercial bank new service in the lawsuit case because judge does not understand the bank service and the correlation international convention, brings the negative effect outstandingly for the state-owned commercial bank economical case referee. Also has the court in the practice to layundue stress on protects weak one's wrong tendency, even also has the judicial corrupt phenomenon. Above all sorts of factors created forded the state-owned commercial bank creditor's rights legal procedure complex, the cost soaring, the judicial efficiency low, the regional protectionism tendency are serious and so on the malpractice.At the same time, the judicial surveillance system owes the consummation, fulfills the duty to the judicial organ staff to lack the active oversight to restrict the method, has affected judicial fair and fair, directly endangered the market economy legal system foundation, was enormous to the financial government by law environment construction influence. Gives full play to the people's court to place on trial, the execution function, fairly provides, the highly effective judicial safeguard for the state-owned commercial bank creditor's rights, since safeguards our country finance industry health development the request, also is weighs the people's court judicature ability the important standard. Strengthens has the count for much significance to the state-owned commercial bank creditor's rights judicature protection question research. In this, to the state-owned commercial bank creditor's rights judicature protection question proposed has a limited view of it to see, has a benefit by the time to the correlation case trial and the execution work.This paper altogether divides four parts: First part for state-owned commercial bank creditor's rights judicature protection implication. The state-owned commercial bank creditor's rights are one kind of special creditor's rights, it is refers by the state-owned commercial bank behavior creditor's creditor's rights. The state-owned commercial bank creditor's rights judicature protection is refers through the judicial method protects the state-owned commercial bank creditor's rights, safeguards its can realize. The judicature has is different implements and utilizes the legal activity to other state agency social organizations the characteristic, compares with other protection state-owned commercial bank creditor's rights channels, the judicature has its own characteristic to the state-owned commercial bank creditor's rights protection, like authority legality, procedure legality, ruling authority, form strict. The second part for strengthens the state-owned commercial bank creditor's rights judicature protection the significance. The state-owned commercial bank creditor's rights are our country leading creditor's rights, also is occupies the control status the economical right. The state-owned commercial bank creditor's rights realization or not, directly affects our country finance industry stability and the insecurity. The article enumerated strengthened the state-owned commercial bank creditor's rights judicatureprotection five kind of significances. Third part for state-owned commercial bank creditor's rights judicature protection way. Looked from the above state-owned commercial bank creditor's rights judicature protection implication that, the so-called state-owned commercial bank creditor's rights judicature protection is refers to all levels of people's court in the development service activity, legally realizes the state-owned commercial bank creditor's rights, defends the state-owned commercial bank legitimate rights and interests the activity. The state-owned commercial bank creditor's rights judicature protection way mainly manifests in two aspects, namely took the judicial organ all levels of people's court in the lawsuit process to the state-owned commercial bank creditor's rights protection and the people's court outside the lawsuit process through the judicial interpretation, the judicature suggested protects to the state-owned commercial bank creditor's rights. Fourth part for current state-owned commercial bank creditor's rights judicature protection correlation solid service question. The article from set up legally protects the state-owned commercial bank creditor's rights the judicial idea, the consummation legal procedure practical protection state-owned commercial bank creditor's rights, enhances the law to be suitable the level legally to maintain the state-owned commercial bank creditor's rights the security, the innovation carries out the mechanism diligently to realize the state-owned commercial bank creditor's rights, to strengthen to the finance difficult legal matter research promotion finance industry innovation and the development, enlarges saction on the evil intention runs away waste behavior of liability dynamics and so on six aspects to conduct the research. |
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