Study Of Commercial Banks In China Bankruptcy Law

Bank industry of our country include policy-type bank, the joint stock system commercial bank, the state-owned commercial bank, the foreign capital bank besides central bank. The commercial bank of this paper refers to the commercial bank which " Commercial Bank Law" refers. "Survival of fittest" is the rule of nature, and it is the objective of market economy. As a special enterprise, it is similar to other economic enterprise in serious economy competitive. Risk and income is exist together, and engagement and management is perform wrong will lead to bankruptcy. There is open there is close by all means, which is the basic request of the market economy. With the advancement of monetary system reform and the comprehensive opening of financial field in our country, the insolvency possibility of some poor banks has become increasing. Compared with common enterprise, commercial bank has its remarkable particularity. Such particularity makes commercial bank must apple different rules when it becomes insolvent. The withdraw methods of commercial bank mainly are dismiss, cancel, purchase &assumption, bankruptcy etc. But up to now only Guangdong trust the investment company is the real case which have bankrupted through the judicial process, still have no bank pass the judicial path for bankruptcy. In practice, many banks in China have been bankrupt, but because of the lack of a sound legal system of bankruptcy, the central and local government had to spend a lot of financial asset, to be maintained in appears to be a short period of time deposits and the protection of the interests of investors. To maintain the stability of the financial system, but to save the power of the executive of this is, after all, limited. Moreover , it is unreasonable to save the administration often on the verge of bankruptcy led to the bank's financial difficulties continued to deteriorate, resulting in savings and continue to damage the interests of investors and consumption of fearlessness of the country's financial resources. As the market economy in China depth development, development of China's commercial banks insolvency law is very urgent matter. The article tries to carry on analysis to legal system in commercial bank bankruptcy, having a foothold in the basis principle of the bank insolvency system in drawing lessons from the foreign bank insolvency experience, putting forward some viewpoints to the bank insolvency system from the angle of the law. The article consists of four parts. Chapter 1 deals with introduction of the legal system of bank insolvency. IN order to fully grasp the nature of the legal system, the necessary and possibility of commercial bank, the particularity of commercial bank and some connections between the legal system of bank insolvency and other relevant systems.Part 2 elaborates the legal system of bank insolvency in China. After examining the current development of China's banks, it is extremely urgent to set up the legal and institutional framework in China, With the analysis on the current practice, statutes and regulations of bank insolvency, the author discuss the problems in Chinese legislation and the cause of the legal system of bank insolvency.Part 3, focuses on legal issues of cross-border bank insolvency. By reference to the failure of a multinational bank with branch offices in more than one country, discuss the legislation lf bank insolvency in USA, UK, Bulgaria and Russia, thereby providing valuable experiences in this regard.Part 4, is another point part. In this part, the article focuses on point issue in theory, and points out the articles that our country commercial bank insolvency system should apply firstly. Then the article builds up general framework of our commercial bank insolvency system from five parts: bankruptcy reasons, bankruptcy applicants, bankruptcy administer, the debts of bankruptcy. At last the article also introduces several major ancillary systems, which is closely related to bankruptcy of banking system, and makes some sound recommendations on the deposit insurance system, bankruptcy extraterritorial effects, and relevant information disclosure system.In the remaining part of the article, it briefly answers the questions while writing this paper and points out that we should speed up the construction of bankruptcy legal system.