The Research Of The Bankruptcy Reorganization System Of Our Country

The bankruptcy reorganization system can save the crisis bank, maintain the financial system stability, is taken seriously by various countries. China has establish the bank bankruptcy in the'the People's Republic of China Enterprise Bankruptcy Law'which was started to implement in June1,2007. But because of the short history of China's finacial law as well as the lack of bank bankruptcy judicature experience's limitation, our bank bankruptcy system has many problems, and it need a long way to consummate. The article is based on the learning from the foreign legislation experience,unifies the reality in our country,devides three parts which are the introduction, the main text, and the conclusion, to make the preliminary study of the bank bankruptcy reorganization.And the main text includes five chapters:The first chapter is about the special significance of the bankruptcy reorganization system. This chapter describes the concept and characteristics of bankruptcy reorganization, the origin and the development of the bankruptcy reorganization system, as well as the bankruptcy reorganization system in comparison with the relevant insolvency regime.Finally, discussing the special importance of bankruptcy reorganization.The second chapter is the choice of our country bankruptcy reorganization system's legislative style. After having analyzed American bankruptcy reorganization system legislation style and the Bank of England bankruptcy reorganization system legislation style, propose the choice of our country Bank bankruptcy reorganization system legislation style.The third chapter is about the basic principles of bankruptcy reorganization of banks. In this chapter,according to the special of the banking,specifically discussing the bank's minimum social cost principles, the community-based interests principles, the losses and reasonable risk-sharing principle, the national suitable intervention principle, treating the symptoms and the causes reasonably principle.The fourth chapter is the procedure launch of our country bankruptcy reorganization system. Elaborate the bankruptcy reorganization system launch condition and the applicant of the bankruptcy reorganization and the legal effect of the procedure launch of our country bankruptcy reorganization system.The fifth chapter is the consummation of the bank bankruptcy of our country.Proposed to construct the pattern of the administrative - judicature to divide the function leadership of our country's bankruptcy reorganization system, and designed the supervising mechanism of the bankruptcy reorganization system.The main innovation of this paper is to propose a solution program of the executive power and the jurisdiction's conflicts, that is the pattern which the construction executive power and the jurisdiction are divided by the function,and propose to construct the responsibility mechanism of the bankruptcy reorganization, strive to have some reference value of our countries'legislation of the bankruptcy reorganization.