Control Of Commercial Bank Credit Business Legal Risk In China

This paper mainly analyzes the characteristics of the case in which Lujiazui Branch, Pudong Development Bank, violates second-hand housing mortgage loan. It then brings a series of issues on legal risk of credit business of commercial banks in China by case study. The first part of your article expounds some basic concepts, including the commercial bank credit business risk and credit business legal risk and other basic concepts, the author thinks that the commercial bank credit risk is to point to in business of commercial bank credit business process, by some unable to foresee factors of the left and right sides, and make the final real income lower than expected earnings, the possibility of this possibility will affect that commercial Banks bear corresponding economic losses. And our country commercial bank credit business concept of legal risks, the author thinks that the international law association of legal risk is more accurate definition, i.e., the legal risk is the bank is not in conformity with the law or the external legal practice management activities are causing risk exposure of a kind of possibility. The author thinks that this definition more accurately reflect the essence of the legal risks, the definition also get theory relatively consistent identity.The second part of the article discusses our country commercial bank credit business legal risk from the internal and external causes, including external main reason is:the existing laws and regulations system relatively lags behind, the lack ofsystematic;Society as a whole credit management system is not sound, the enterprise trustworthiness consciousness; Our country small and medium-sized enterprise operation stability is bad, bankruptcy phenomenon is relatively frequent; The government administrative intervention effects. The internal reason is mainly composed of two kinds of factors:the first kind is a bank credit business of the relevant responsible persons as, the second type is a bank credit business of the relevant responsible persons as invalid.The third part of the article in our country commercial bank credit business situation, through the analysis of overseas through the legal means control of commercial bank credit business risk the feasibility, and then puts forward control our country commercial bank credit business legal risk theory basis and practical basis.In the fourth part of the thesis mainly puts forward the control our country commercial bank credit business legal risk way, the author puts forward three measures: first, perfect our country’s credit system construction, in our country the construction of credit system in the initial stage of the can take "the government leading, market regulating is supplemented by" mode, with the central bank as the leading factor, with other relevant government departments to assist and promote credit system related legislation and supervision, establish the social credit system need reference database; Setting the industry access and industry rules, promote the establishment of credit intermediary agencies and orderly competition, and establish break faith record and disciplinary mechanism. Secondly, to perfect our guarantee system, improve our country commercial bank credit personnel comprehensive quality, completes the security check, through legislation to expand the scope of rights pledge, optimize security program. Finally, combined with the enterprise bankruptcy law, security bank guarantee the realization of the creditor’s rights, the author believes building personal bankruptcy system and ensure the property for security in the bankruptcy priority out right is a good choice.The author tries hard to apply advanced theories, which regulators and that of domestic and foreign commercial banks put on legal risk control of credit business, to practical operations, and probes deep into the characteristics, causes and types of legal risks of credit business of commercial bank in China. Last but not least, this paper does its utmost to the improvement of legal risks of credit business commercial bank in China based on previous researches.