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Some Legal Issues Of The Commercial Bank Bankruptcy

Posted on:2014-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:J N ZouFull Text:PDF
GTID:2266330401485046Subject:Law
Abstract/Summary:PDF Full Text Request
Commercial banks as the main body of the market economy, in the process of itsoperation will be like other market main body through market competition, to producesuperior bad discard. At present, our country commercial bankruptcy is mainly through theCommercial Bank Law, the Enterprise Bankruptcy Law and the Company Law to regulate.But these laws only made the principle rules of commercial banks bankruptcy, not fullyreflect the particular of commercial banks, the lack of actual operational, commercial bankbankruptcy process there are many problems to be solved. In this paper, on the basis of theintegration of existing laws and regulations, the commercial bank bankruptcy in theprocess of several legal issues are analyzed in detail, and draw lessons from othercountries’ experience, combined with the reality of our country under the premise of manyconstructive suggestions are put forward.The article is divided into four parts:The first part is the basis for commercial bank bankruptcy issue. Introduce theterminology of commercial banks bankruptcy law meaning, the basic principles ofcommercial bank bankruptcy and value orientation, at present our country is described inthe commercial bank bankruptcy legislation.The second part is the commercial banks bankruptcy legislation mode. First, thelegislative mode of commercial banks bankruptcy is introduced and comparative analysis;second, for our country’s current legislation, and choice of our country commercial bankbankruptcy legislation mode are proposed.The third part of the bankruptcy of commercial banks bankruptcy standards andprevent problems. In the commercial bank bankruptcy standards, first principle of theestablishment of clear standards for bankruptcy, in America, for example introduced theregulatory standard of bankruptcy, and on this basis analyzed the our country commercialbank bankruptcy standards and perfecting suggestion. In the commercial bank bankruptcy prevention, this paper introduce the system of lender of last resort system, reorganizationsystem, over the three bank rescue measures, for each of these measures are analyzed indetail and put forward the perfect proposal.The fourth part is the commercial bank bankruptcy liquidation and bankruptcyprotection system. In terms of commercial banks bankruptcy liquidation, discusses thebankruptcy applicant, bankruptcy administrator, the content of the three aspects of thedistribution of the bankruptcy property, analyzes its practical operation problem, putforward the countermeasures and improvement suggestions. In the commercial bankbankruptcy protection, through the analysis of the effectiveness of deposit insurancesystem, establishing the necessity analysis of the deposit insurance system of our country’sbasic system design.
Keywords/Search Tags:commercial bank, bankruptcy standards, bankruptcy prevention, bankruptcyliquidation, deposit insurance system
PDF Full Text Request
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