Legal Problems Of The Evasion Of The Financial Claims Of Commercial Banks

Escaping commercial bank finance creditor's rights is already becoming a difficult problem which our country financial regulation department and various commercial bank face urgently to be solved. Law is the last defensive line to resolve evading the debt problems ,and how to established an organic legislation system is the first problem to guard against dodging the finance creditor's rights under the current circumstances. In the game of protecting financial claims gambling in dodging financial bonds, the conflicts and loopholes in the relevant laws and regulations lead to safeguard the finance creditor's rights difficultly, which results in the widespread phenomenon of dodging financial claims.It is impossible to eradicate behaviors of dodging financial claims ,which have a natural link with the commercial banks. Based on the type and the reason analysis of dodging financial claims, This article enumerates the practices of dodging various financial claims, and points out that the gaps and omissions blank of the own system of commercial bank, of the existing legislative system and the external environment for the operation cause dodging financial claims. In this foundation, basing on the acknowledgement of the present law and the social systems, this article systematizes the numerous present legislations of commercial bank financial claims, and analyses three levels, which are the internal control system of commercial bank, the legal system and the external environment system . In this paper, It tries to establish an entire legal system to prevent dodging commercial bank finance creditor's rights, which may bring us the maximum reduction of the occurrence probabilities.