Research On Legal Issues Of Chinese Commercial Bank Insolvency

Competition is accompanied by bankruptcy. In recent years, as the proliferating of the number of domestic banks and the accession of foreign-funded banks, the competition of our financial market becomes more violent.It can be predicted there would be more commercial banks to meet the possibility of bankruptcy in the future. But the provisions of our existing laws and regulations on commercial bank bankruptcy leave much to be desired, and obviously fail to meet the needs of reality. So it has very important practical significance to establish the bankruptcy system that meets the actual development needs of our banks.This paper summarizes the historical evolution of the legal theories on commercial bank bankruptcy, deeply analyses the problems to our commercial bank bankruptcy legislation after introducing and analysing the advanced commercial bank bankruptcy legal system of overseas countries, and puts forward suggestions on perfecting our commercial bank bankruptcy legal system on the base of combining foreign experience with our national conditions at the end of this paper in the hope of providing help to perfect our commercial bank bankruptcy legal system.Except for foreword, this paper is divided into four chapters. The foreword illustrates the important theoretical and practical significances on researching our commercial bank bankruptcy legal system to define the research value, makes out summary on the research fruits of the scholars from home and abroad on the former aspect, and points out the three innovations and adopted research methods of this paper.Chapter one carries out summary to commercial bank on the whole, analyses the basic characteristics of commercial bank, makes out theoretical analysis on commercial bank bankruptcy legal system, summarizes the three characteristics of commerical bank bankruptcy, and gives emphasis on reviewing the historical evolution process of the commercial bank bankruptcy theory from general bankruptcy to special safeguard for the interests of depositors, and to bankruptcy prevention. Chapter two carries out comparative study to the Bankruptcy Law for Commercial Bank of other countries to choose Britain, America, and Bulgaria with representativeness for introduction, analyses the most important characteristics of other countries on bank bankruptcy law, and provides good experience for structuring the corresponding bankruptcy legal system for our commercial banks.Chapter three and Chapter four are the important parts of this paper. Chapter three illustrates the main conditions of our legislation on commercial bank bankruptcy, points out the problems occurring in bank bankruptcy legislation. The former problems mainly include:the provisions of bank bankruptcy legislation are mixed and disorderly, and too principled; the measures for bankruptcy prevention need improvement from the aspects of lender of last resort system, and systems of receivership, merging, recombination and reorganization; the backward bankruptcy liquidation system have outstanding problems on the aspects of the liquidation standards, applicant of liquidation, and receiver in bankruptcy; the deposit insurance system is lack and obviously falls behind other countries.Chapter four is the most important part of the paper. For the shortages put forward in Chapter three on our existing bank legal system, Chapter four firstly defines our country shall take the legislative form of separate commercial bank bankruptcy law, and then gives out the specific measures on structuring our bank bankruptcy legal system from the three aspects of establishing perfect bankruptcy prevention system, further modification to bankruptcy liquidation system, and formulating deposit insurance system. In this chapter, the writer will put forward his conception on a series of special systems relating to our bank bankruptcy legal system including receivership, merging, the standards for bankruptcy liquidation, receiver in bankruptcy, trustee in bankruptcy, the composition of deposit insurance institutions, and the definition of insurance premium.The conclusion of this paper makes out short summary on the main contents of this paper, and hopes our country to perfect the laws on commercial bank bankruptcy.