China Commercial Bank Insolvency Legal System Research

The object of this paper is the Chinese commercial bank insolvency legal system, mainly the following aspects in this paper:firstly, the writing of commercial banks through the bankruptcy concepts and concept analysis draws the commercial bank bankruptcy particularity and necessity. Secondly, study comparing Chinese and foreign law on bankruptcy legal system of Commercial Bank of our country, analysis the existing system design flaws, our commercial bank insolvency legal system." Aid an existing bad bank is to prevent the establishment of a good future bank." While the commercial bank is a special market main body, its bankruptcy may bring a series of bad influence. At present western developed country commercial bank bankruptcy legislation mode basically has three kinds of forms:common law special law pattern, pattern, common law and special law system commercial bank bankruptcy mode combination. The common law as the name suggests is a common mode of the enterprise bankruptcy law also adapted to the bankruptcy of the commercial bank, the chief representative is the British common law system commercial bank bankruptcy bankruptcy mode. Special law pattern represented by the United States, the United States commercial banks bankruptcy application" Federal Deposit Insurance Law" but not for" the federal bankruptcy code". The third mode is the common law and the special law of parallel bank bankruptcy mode, to Italy, Germany, Luxemburg as a representative. Europe and the United States home commercial banks bankruptcy prevention when the bank regulators found that some banks have unsafe illegal behavior, can take a variety of measures to require banks to correct violations of banking behavior. These measures have many, various measures is the difference between formal degree and the involvement of different. In the regulatory process, regulators can take some informal corrective measures, correction of bank does not meet the regulatory requirements of behavior. If this informal measures do not work regulators can take formal measures. China’s reform and opening up nearly30years of development banking steer, relevant laws is also gradually perfect. But, from look at present our country finance relevant laws exist" heavy access light exiting the phenomenon". This and our long-term planned economic policy has the very big relations, financial institutions, especially the bank has been regarded as the national symbol of prestige, on one hand the public never believed that the bank has the possibility of bankruptcy; on the other hand, legislators, based on the practical considerations of bank bankruptcy law legislation." Commercial bank law" seventy-first article on bank bankruptcy provisions were made, i.e.," a commercial bank is unable to pay due debts, the banking regulatory institution of the State Council agreed, the people’s court shall declare bankruptcy. These laws and regulations while the provisions of bank bankruptcy application corpus is the financial regulatory agency can apply to the court for bankruptcy, but the actual operation difference. The bank bankruptcy, applicant range, confirming creditors, the creditors’ meeting, the bank insolvency, bankruptcy reorganization, bank bankruptcy etc did not make clear detailed provisions. At the same time, the commercial bank insolvency is project of a system, this system works required for the operation of related facilities use. China’s lack of professional such as prevention of bankruptcy, bankruptcy reorganization and bankruptcy protection system. The deposit insurance system in the United States the most representative, this system is a lot of National Bank of bankruptcy law. The operation of the system in commercial bank bankruptcy, bankruptcy reorganization, bankruptcy and liquidation bankruptcy for various programs have played a positive role in supervision.The goal of this research is:a study of the existing commercial bank insolvency legal loopholes and defects, so that people recognize the commercial bank bankrupt the feasibility and necessity of establishing, save our commercial bank insolvency system.