| In recent years, with the establishment of market-oriented economy, the promotion of financial reform and the formation of "survival of the fittest" competition mechanism, some financial institutions with poor management skills in China become insolvent and suffer bankruptcy. Due to the defects in the legal institutions on the market withdrawal of China's banking industry and the lack of corresponding systems—deposit insurance system, the depositors of bankrupt banks suffer great loss, which threatens the stability of financial system. Therefore, it is imperative to set up the deposit insurance system in China. In the current thesis, with the employment of exemplification and comparison, the details of the deposit insurance system such as its characteristics, functions, etc. are elaborated. In addition, a comparison is made between the lawmaking of the western developed countries and that of China. Moreover, the current state of China's banking industry is analyzed. In accordance with China's national conditions and the actual situation after China's entry into WTO, the author intends to propose the conceptions on various aspects, such as the necessity of the lawmaking of deposit insurance system in China, the layout of its intuitions, its legal status, its rights and the objects and coverage of deposit insurance. The present thesis consists of three parts. The first part provides an overview on deposit insurance in which five sections are expounded. The first section clarifies the connotation of deposit insurance system. In the second section the types of the system are introduced. In the third section, the legal status of deposit insurance is analyzed. The legal relationship involved in deposit insurance is illustrated in the fourth section. Finally, the efficacy and deficiency of the deposit insurance system become the focus of discussion. The second part involves a comparison of the deposit insurance lawmaking in foreign countries and the lessons which can be drawn from. This part presents the lawmaking and the characteristics of the deposit insurance systems in USA, Germany and Japan, which offer us some inspirations for the establishment of the deposit insurance system in China. The third part which occupies a predominant position in this thesis relates to the conceptions on the establishment of the deposit insurance system in China. This part embraces three aspects. Firstly, based upon the national conditions, the necessity of establishing the deposit insurance system in China is expatiated. With a brief introduction of the keen competition in banking industry after China's entry into WTO, the thesis discusses the necessity of setting up the system from different perspectives. Its corresponding legal system also proves necessary. Then the thesis probes into the possibility of establishing the deposit insurance system at the present time, namely, the stability of China's current banking system, the eligibility of participating subjects (the banks involved), the preliminary establishment of an effective and prudential banking supervision mechanism and the sufficient conditions for setting up the deposit insurance system backed with the constant economic growth and a strong government. Thirdly, the deposit insurance system is elaborately framed from the perspective of lawmaking and contents. The layout of the deposit insurance institutions and its functions, in particular, are devised in details. Furthermore, some suggestions are made on the deposit insurance system, involving the insured, insurance coverage, premium rate, limit of liability, the management of the deposit insurance funds, the disposition of problem banks, etc. |
