Several Studies Bank Bankruptcy Legal System

Under the conditions of market economy, bank must be restrained by the market forces, follow the law of survival of the fittest. However, bank is different from other enterprise after all, which has its own characteristic:public service function; service for the public interest, its capital mainly comes from external, holding deposit of high liquidity as liabilities, is an important part of national economy; high management risk and risk of highly infectious. Considering the particularity of bank and the negative effects of bank insolvency, countries all around the world put a prudent manner in disposal of bank insolvency, enact and perfect the relevant bank insolvency legal system, highlighting the special rules of bank insolvency legislation.Basing on the domestic and foreign research and combining with the reality of our country, this dissertation brings out some ideas from the perspective of law. Because of commercial bank insolvency is a broad and profound topic, limit to the academic ability, the author just focused on some of the questions.The article mainly consists of the preface, the main body and the concluding part. The preface makes a general introduction to the significance and background of the dissertation, current research achievements at home and abroad, and the purpose of this dissertation. The main body splits into four parts:The first chapter analyzes the regimes of bank insolvency laws. Introduces the particularity of the commercial banks at first, and then further discusses the difference between commercial bank insolvency and ordinary bankrupt. The answers will decide whether it is necessary to perform special insolvency legislation on commercial bank. The legislative models of the countries all over the world are:the general insolvency law mode and special bank insolvency law model, and the two parallel model. Choosing which mode is depended on a country’s economic condition, risk control level, and liberalization of economic.The second chapter is the research of the causes of commercial bank insolvency, which is also called "insolvent standard", triggered by the economics aspect, two main reasons are liquidity standards and asset liability standard. Owing to the particularity of bank insolvency, regulators’ early intervention is particularly important, therefore, some scholars proposed "regulatory insolvency", then discussed the standard of regulatory insolvency.The third chapter analyzes the Chinese commercial bank insolvency procedure, mainly including two parts:restructuring and liquidation. There may be some overlaps between the two parts. Then discusses the applicability of the restructuring system in China, the principle of restructuring and the formulation and execution of the restructuring plan. In the liquidation part, mainly discusses the relationship between administrative assistance and liquidation, close-out Netting system.The fourth chapter first summarizes the present situation of our country’s commercial bank insolvency system on the whole, analyzes the main problems:the lack of special bank insolvency law, the incomplete of mating system, the lack of bank risk early-warning system, etc. Finally combining with the reality of our country, bring out some improvements of our country commercial bank insolvency legal system.It is pointed out in the last part that the formulation and implementation of the banking financial institutions in the insolvency ordinance is necessity and urgency. The research of our bank insolvency legal system is profound, many needs to be deepened, the author will do further research to contribute for our country’s commercial bank insolvency legal system construction.