Construction Of Commercial Banks In China Bankruptcy Law

It is inevitable that a new market will arise when an old one drops out. This is the basic demand of market economy. On this condition, it is unavoidable that commercial bank goes bankrupt because of its high degree of risk and debt. However, our current law on the bank bankruptcy is very poor and it lacks maneuverability. Banks are very different from common enterprises in many ways, Banks are very different from common enterprises in many ways, such as the reasons for bankruptcy, the start of bankruptcy procedures, the bankruptcy discharge, and the institutions and personnel included. So far, in the law of enterprise bankruptcy and commercial bank there are only some rules in principle in allusion to bankruptcy of banks. Its particularity is not paid attention to, thus. So, we have much trouble in dealing with the related cases because of lack of the specific rules. Therefore, the research on the jural problems of bankruptcy of commercial banks has become an urgent demand. On the basis of analysis of material and theory, comparison and summary, the thesis focuses on the jural problems of bankruptcy of Chinese commercial banks. The thesis includes foreword, text. And the text is divided into four parts.The foreword is mainly about the basic theories of commercial bank and its bankruptcy. To know about its background of times and theory source is very important for the reform and fulfillment of banks. What's more, it is also an important premise to do some research on the bankruptcy of banks.The first part is about the preventive institutions of bankruptcy of commercial banks. And it also introduces the basic theories of the rules of last creditor, the rules of taking-over and the rules of institutional reorganization. Besides, The author puts forward his own opinions in this part. Among them, as for the rules of institutional reorganization, the author summaries the rational reasons and rule designs of the institutional reorganization of banks in our country on the basis of setting-up practice of commercial banks in Anhui.In the second part the author analyzes the common reasons for the bankruptcy of commercial banks. By the comparison of the new rules and old ones of the bankruptcy of commercial banks, the author puts forwards the reasons for the bankruptcy of commercial banks and the deficiency of taking the summarized pattern. At the same time, on the basis of the standards of bankruptcy of American commercial banks( that is the standards of wardship and imperia) the author put forwards the specialized and technical designs of standards of bankruptcy of Chinese commercial banks.Liquidation of bankruptcy is a process that the commercial banks liquidate funds and distribute the rest bankruptcy funds when they can't take steps to rescue \ reorganize\take over the commercial banks. The third part of the thesis is mainly about the liquidation rules of commercial banks and how to mark the applicant of its bankruptcy, the rules of administer, the creditor committee, the management and distribution of the bankruptcy property, and something about liquidation. By the analysis of the foreign lawmaking practice the author puts forward his own train of thought in the light of the lawful questions above.The fourth part mainly introduces the lawmaking of relief rules of bankruptcy of the commercial banks. The lawful relief of bankruptcy of the commercial banks is about the establishment of the rules of the deposit insurance. Beginning with the theory source of the rules of the deposit insurance, by the analysis of the native country, this part demonstrates that our country possesses the ability of setting up the rules of the deposit insurance. What's more, by the analysis of its active and positive function, this part comes to the design of internal mechanism of the rules of the deposit insurance that are suitable for our country.Banks develop from divided management to combined management, that is to say, from the traditional operation of absorbing funds and providing loans to stock, investment and insurance. Nowadays it is a big trend in the financial world that banks become into almighty ones. However, the special laws of the present financial institutions in our country lack cooperation and combination. With the coming of combined management, a lot of contradiction will appear during the process of the discharging order of debt and dealing with of the priority. The fourth part of the thesis analyzes the inevitability of setting up combined banks in China by summarizing and analyzing the managing conditions that the commercial banks will face after China entered into the WTO. It is inevitable to carry out combined management under the economic environment after our country entered into the WTO. At the same time this part puts forward corresponding vanguard advice on how to establish the law procedures of bankruptcy of combined banks.