Studies Our Country Commercial Bank Bankruptcy Legislation

Competition is the most basic key element of the economic market, there iscompetition exist in the survival of the fittest. In today’s high-speedof flow capital, high risk of commercial bank have been sweeping the globaleconomic and financial crisis fully present. Commercial bank bankruptcy systemhas become an important component of the legal system of Commercial banks.Establish the commercial bank market withdraw mechanism to controllingoperational risk, promote resources rational allocation, accelerate our countryfinancial reform course is great signification. Due to the particularity of commercialbank management function, makes the success or failure of commercial bank aboutits own existence, also associated with the national financial order for the healthyand stable orderly development of the commonality society interestsFrom the perspective of Hainan development bank was forced shut down, thecrisis bank disposal in our country frequently use the administrative interventionmeasures such as pause、close、combine and shift and so on, this is run counter tothe laws of market economy. In addition our country long time idiomatic depend onnational finance behavior unlimited unconditional to pay for the enterprise itself,except to strengthen the moral hazard of commercial banks, also lead to commercialbanks exit the market mechanism in judicial proceedings never be formed.Although many scholars have proceeded abundance researches on commercialbank system and the reform of the commercial bank in our country, but the researchon commercial bank bankruptcy system is relatively weak. Therefore consummateour country commercial bank bankruptcy system, therefore perfect our countrycommercial bank legislation system is the present stage problem demanding promptsolution.This article through the discussion of six parts to this topic.The first part is the introduction, introduce the article’s research purpose andsignification of domestic and foreign research literature and research methods. The second part elaborated the concept and the particularity of commercialbank bankruptcy, based on the introduction of commercial bank bankruptcyand dissolution of closing relationship, establish a theoretical basis for ourcommercial bank bankruptcy legislation research.The third part will be carding with the current situation of legislation ofcommercial bank bankruptcy in our country, point out and analysis the currentlegislation of commercial banks bankruptcy cause the bankruptcy and thecompleteness of the bankruptcy proposer regulations.The fourth part through to our commercial bank bankruptcy legislation analysisof exiting problem and causes, consider our current commercial bank bankruptcylegislation lack systemic legal framework, bankruptcy prevention system andinitiator of bankruptcy and clearing system of bankruptcy and informationdisclosure requirement as well as deposit insurance system imperfection ofcommercial bank bankruptcy.The fifth part through the analysis of foreign bank bankruptcy legislation re-latively impeccable comparative study of Britain and United states, proposed tocombination with the regulatory standards in the United States and ourcountry’s liquidity and asset and liability standard, provide the functionof “advice from others” for our country commercial bank bankruptcy legislation.The sixth part is basis on the preamble research,improving perfect suggestionto structure our commercial bank bankruptcy legislation. According to protect theinterest of depositors and the value concept of bankruptcy prevention, proposalformulate banking financial institutions bankruptcy ordinance in our country, toregulate the bankruptcy of commercial bank and other financial institutions. On thespecific system, our country needs to establish systems that including thebankruptcy prevention and bankruptcy liquidation and deposit insurance system Su-ch as a series of systems.