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Bankruptcy Law Of China's Commercial Banks To Improve The Study

Posted on:2009-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:D ZhouFull Text:PDF
GTID:2206360272984320Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
So far,there has not been real insolvency in China.Of the disposal process of the past banking crisis,the government's approach is flexible, there is no set of operational and specific legal provisions regulating the banking system's insolvency procedures,as well as the rights and obligations of the parties to specific provisions.In addition,as the restrictions on China's foreign-funded banks' entry has been relaxed,The practice of viewing nation credit as bank credit will lag far behind the competition in the market,meanwhile it is also against the relevant principles of the WTO.In particular,the financial crisis start from the United States swept the world,China has a more urgent need to improve the bankruptcy of a series of commercial banks in order to cope with international practice and the future potential insolvency.The mainbody of the text consists of three parts:the introduction body and conclusion.And the body is divided into three parts:The first part is to generalize the definition of the bankruptcy of commercial banks.First of all,briefly introduce the issues on the banking market retreat.Secondly,based on the above analysis of the pattern of commercial bank retreat,it analyses the meaning of the retreat in the way of insolvency.Thirdly,based on the statement of concept it analyses why the commercial banks insolvency can be made.Fourthly,analyses the necessity of commercial banks bankrupt under China's market economy conditions,which can be explained as "survival of the fittest".The inqualified banks should be put out of the market and the benefits.The second part makes the comparation of the regulation on insolvency among the United States,Britain,Japan and other developed countries,analysing the imperfection of China's regulation.The third part is the focus of this article.Based on the above analysis, referring to the Risk of Securities Companies Disposal Ordinance,this part discusses some of China's specific practice of bankruptcy legislation, including the purpose and the reasons for insolvency,bankruptcy applicants,the bankruptcy administrator,administrative clean-up group, bankruptcy procedures,legal responsibility and the bank in bankruptcy court,the role of government regulators and the relevant provisions.The last part is the conclusion,which generalized the main contents of this article,and once again summarizes the main point of view.
Keywords/Search Tags:commercial bank, insolvency, improvement of regulation
PDF Full Text Request
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