With China's accession to the WTO,after the full liberalization of financial markets,domestic financial institutions and the international financial institutions will be in the same starting line, survival of the fittest. Domestic financial sector must also be in accordance with the laws of market economy competition and establish a sound market exit mechanism. The bankruptcy of financial institutions is an important part of the financial market exit mechanism,however, our existing legislation in this has serious shortcomings. Although financial institutions has been included in the scope of application of the unified of《Law of the People's Republic of China on Enterprise Bankruptcy》in 2007, its provisions are still principles,they are lack of interoperability, far from being able to meet the requirements of practice. To construction a legal system under the guide of the《Law of the People's Republic of China on Enterprise Bankruptcy》is a crucial need.In addition to the introduction, the body of this paper is a total of about 39000 words, divided into six parts.The first part is through the analysis of China's financial institutions practice and legislative status of bankruptcy, we can come to the defects of the existing insolvency system of our financial institutions: the government to "pay" is a serious problem; the necessary legal system support lacks; the lack of the security and risk related of early warning mechanism.The second part is the need for build a legal system of financial institutions for bankruptcy. By comparing the differences from financial institutions to general business, come to this conclusion: order and safety should be the primary pursuit of value in the system of bankruptcy of financial institutions, as the legislature concluded.The third part is the general questions of the building of bankruptcy of financial institutions system: including the issue of structure and hierarchy in our financial institutions bankruptcy law, and a analysis of the principle of our financial institutions bankruptcy legislation.The fourth part is the elements of the bankruptcy law of financial institutions in our country. The real elements is the the reasons for bankruptcy of financial institutions; the main form elements is about the applicant's definition of our country's financial institutions of insolvency and the question of the jurisdiction of the court.The fifth part is about the order of the bankruptcy of financial institutions in our law. Including the organizations to patricipate the bankruptcy of financial institutions,the pre-administrative procedures,and the bankruptcy reorganization procedures.The sixth part is the benefits of the stakeholders to protect in the insolvency of financial institutions in our country. Divided into the protect to the interests of bank-depositors, the protect to the interests of investors,the protect to the priorities and the questions about cross-border insolvency.In this paper,the writer used the research methods of the empirical analysis, comparison and summarize.In the study of legislative and practice status of bankruptcy of financial institutions in China,reference the law of Bankruptcy of financial institutions in the world,take the definition of financial institutions, the legislative structure and hierarchy of options, bankruptcy administration and judicial procedures and the participation of organizations as the main content,take the deposit insurance system,securities funds and other investors as the supporting systems,made the legislative design of the Bankruptcy of financial institutions in China. With a view to provide a stable and healthy development of the institutional environment to China's financial industry competition. |