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Legal Protection Of Depositors’ Interests In The Commericial Bank Withdrawal Mechanism

Posted on:2014-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:X WangFull Text:PDF
GTID:2246330395998518Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As banking industry is a high-risk industry, the banking regulation is necessary. Even if regulatory system is so perfect, it also can not avoid the possibility of bank failure or bankruptcy. As a disadvantaged protection the interests of the depositors, in the process of problem banks market exit highlights. How to better protect the interests of depositors in the process of commercial bank market exit, is the necessary question when building a system of deposit insurance system in our country. Market exit of banking financial institutions, the existing laws and regulations clearly is not complete.This article attempts to seek the best way to protect the interests of the depositors by comparing our current law system and foreign legal system, hoping to find the effective combination of efficiency and maximize the interests of the depositors. On the adjustment of the financial markets as the leading factor means, to build a complete bank market exit legal system, maintain long-term healthy development of banking industry.This article is divided into four chapters.The first chapter through to the depositors, depositors deposit properties of the clear definition of the concept of market exit the definition of the concept of commercial Banks, the subject of this article is determined.At the same time, it also made further theoretical basis for protection of depositors.The second chapter through the lack of legislative and practice in the typical case analysis, through the contrastive analysis of the Chinese and foreign Banks go bust, points out the shortage of the depositor protection in China.The third chapter is the representative of the advanced practice in typical countries and advanced system is introduced, through learning from abroad, to make up for the defect of system.The fourth chapter, on the basis of the content in the third chapter, to protect depositors in China suggest concreteness, including establish a depositor protection agencies, the optimal selection of legislative model in terms of concrete system, focusing on the improvement of the system of lender of last resort, perfect information disclosure system, and construct a deposit insurance system suitable to China’s national conditions.
Keywords/Search Tags:Depositors, Commercial bank market withdrawal, Deposit insurance, Disclosure ofinformation, Lender of last resort
PDF Full Text Request
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