Commercial Banks To Withdraw From The Market Research Of Legal Issues,

Under marketable competition circumstances, it's an inevitable outcome for commercial bank to withdraw from market because of operation failures. Market competition must be ruled by law. But we don't have an effective legal system to deal with this problem, Compared with country of market. We have over-protected the banking, and the banking has the monopoly in our country. So for a long time, the banking has not existed the risk of withdraw from the financial market. But in fact, the asset quality of the banking is very poor. As enter into the WTO. We have opened the banking and the financial industry and the foreign banks have already gained the national treatment. The banking in our country must face to grimmer circumstance and more intense competition, so the possibility of withdraw from the market is been greatly increased. Therefore, how to build an adaptable withdrawing mechanism of bank is a hot issue for discussion at present It is very necessary to research the legal system and theory of the bank withdraw from the banking market.In this dissertation, the author analysis the practice and theory of legal problems of our country's commercial bank of withdraw from the market, and then tries to give out his ideal about how to establish an adapting Chinese system of commercial banks withdrawal from market, which on the basis of drawing experience from the developed country. There four parties in the dissertation.Part one is the introduction. It is about the thesis's background, status, and the significance of research. The guiding ideology of commercial bank withdrawal is early intervention anti strict exit policy. When one commercial bank has already accumulated amount of risks, after failed to take last resorts. It is inevitable to withdraw from the market. It is necessary to take effective measures to make the commercial bank withdraw from the market quickly and safely.Part two is about the general legal theory of the commercial bank withdrawal from the market, it includes the definition, mode, necessity of the market withdrawal. The commercial bank withdrawal from the market means that commercial bank stops managing and clear up the debt, lose civil right ability and civil capacities, lose legal personality. It includes bankruptcy, merger and acquisition, revocation. And the legal attribution of the commercial is the economic law, it is a department of economic law system.Part three discusses other countries' general situations about the market withdrawal, mainly introduces the American practices and formulae, and also introduces the experience of England and Germen and Switzerland. On the basis of comparison analysis, the dissertation summarized the foreign good-experience. U.S.A has perfect legal system of the commercial bank withdrawal; We can draw his developed Deposit Insurance System and his main way to solute the weak bank—purchase and assumption transaction. Of course other country also has excellent system.In the last part, the dissertation talks about how to perfect our legal system of commercial bank withdrawal from the market. Firstly, it specified the defects in the legal systems and practice of market withdrawal of commercial bank in our country, and then the dissertation gives its viewpoint on the value target of the legal system, it is the social and public interest. It includes three contents, financial Security, financial freedom and special protect the Small depositors' interests. And then, makes specific suggestions about how to perfect the market withdrawal system including builds specialized law system on the problem banks' market withdrawal and builds our Deposit Insurance System, construct the withdrawal conservator system, which the deposit insurance agency play an important role in the system.