A Study Of Legal Protection Of Private Depositors' Interests After Bankruptcy Of Commercial Banks

Bankruptcy is a way that a country make the failure business lost the civil subject qualification and drop out the market through the law enforcement to optimize the allocation of resources, it can urge enterprises enhance crisis consciousness, improve the management status and thus promote the whole society productivity improvement. As with the enterprise bankruptcy, commercial Banks as the main body of the market competition, the bankruptcy is inevitable. But commercial Banks are different from common enterprises, they are special assets and liabilities enterprises that based on the financial products as the main business, the foundation stone of the financial market is its depositors. Whether the interests of the depositors get security or not relates to the whole financial market and social stability problem. Therefore, our country faced in the commercial bank crisis is often taken administrative assistance instead of make it go bankrupt. That is actually a recessive insurance system, and makes the national credit equal as bank credit to ensure the interests of the depositors when commercial bank crisis. But with our financial system reform of commercial Banks, the marketization of business matures, the bankruptcy has unavoidable, how to build an efficient commercial bank bankruptcy prevention and bankruptcy liquidation system to ensure the interests of the depositors to appear extremely important.This paper referenced relevant documents and expound the basic theory of depositor benefit protection when commercial bank bankruptcy, learn from foreign advanced experience, with China's specific conditions, use methods of comparative analysis, case analysis and other methods points out that the existing bankruptcy law and the commercial bank law related to the lack of regulations and the shortage, and from the administrative and judicial right balance, commercial Banks to take over, bankruptcy liquidation and perfect the related system, this paper puts forward the own improvement suggestions.In addition to the introduction and conclusion, this paper text structure arrangement is as follows:The first part is the overview of commercial bank bankruptcy depositor benefit protection. First introduced the commercial bank bankruptcy and the concept of the interests of depositors, and then draw out the importance of legal protection to the interests of depositors separately from their own factors, bank depositors characteristics and social stability angle, and finally from the jurisprudence angle expounds the commercial bank bankruptcy laws to protect the interests of depositors of the value analysis.The second part is to introduce and analyzes the system which foreign other national commercial bank bankruptcy laws to protect the interests of depositors. First in Britain and the United States, those two countries of Anglo-American law system commercial bank bankruptcy legal interests of depositors and protection system and introduces, and put forward the American and British to our country commercial bank bankruptcy legal protection of depositors enlightenment and reference meaning; After the analysis of the common law system is Japan and Germany, the two major continental law country, and then do according to our country's specific conditions of our country's commercial points out its bank bankruptcy laws to protect the interests of depositors for reference.The third part is the status quo and existing problems that our country commercial bank bankruptcy laws to protect the interests of depositors. This section firstly introduces the practice our country commercial bank bankruptcy to protect the interests of depositors, from the practice of our country the few commercial Banks to leave the market chose the Hainan development bank as the research object, and other financial institutions from bankruptcy choose relatively typical of the Guangdong international trust and investment company as the research object to introduce our financial institutions bankruptcy protection practice. And also analyzes our country commercial bank bankruptcy laws to protect the interests of depositors the legal system of the current situation and existing problems.The fourth part is improvement suggestions that our country commercial bank bankruptcy laws how to protect depositors. It is on the basis of the first three parts and the reference of foreign experience, in view of the existing legislation shortage and put forward its own views, mainly from the judicial power of the executive power and establish coordination and balance mechanism, improve the commercial Banks to take over and bankruptcy liquidation of the interests of depositors legal protection of perfect and improve and perfect the commercial bank bankruptcy system aspects related to improving suggestions. Although the author ability is limited, theory foundation of basic skills is shallow, for some issues still not mature, but I hope the advice can to improve our commercial bank bankruptcy laws to protect the interests of depositors play a role.