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The Temporary Relief System Of The Civil Procedure Law Research

Posted on:2015-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2266330422469592Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the continuous development of global financial integration and liberalization,commercial banks have become an inevitable trend of mergers and acquisitions under theguidance of a market economy. The banking industry in various countries around the worldtide of free competition, enacted laws and regulations relating to acquisitions of commercialbanks, and guard against financial risks in the first place, to maintain financial stability. Thisarticle as a starting point to study the common law and civil law countries more mature lawsand regulations, the legal system of China’s comparative lack of commercial bank mergersand acquisitions in existence, how to improve China’s relevant laws and make somesuggestions. To the fierce competition in the market economy, while maintainingmacro-economic growth, the commercial bank merger rationally and orderly manner.In this article, the concepts defined commercial banks, bank mergers and acquisitionsdefinition. M is for commercial banks to expand their business scope and improve marketefficiency and reduce transaction costs motivation, to improve the market share ofcommercial banks, economies of scale morphology may provide. Meanwhile the perspectiveof the law, the legal nature of the commercial banks to make acquisitions discussed. Overseas,many successful experience of developed countries, the comparative study of national legalsystems of commercial bank M&A summed up the experience of the countries ofcommercial banks and learn. Research on the legislative status quo of China’s commercialbanks in M&A legal system based on this, describing the legislative status quo of China’scommercial banks through mergers and acquisitions laws, administrative regulations,departmental rules and summed up by the status quo of China’s commercial banking presencein mergers and acquisitions law problems. For example, lower-level laws, systematic is notstrong; relevant provisions are too simple, the absence of relevant laws; in the regulatorylevel, the bank merger rules incomplete missing; legal regulations force needs to be improvedand so on. The main proposal is to improve the commercial banks in China M&A legalsystem, adhering to the four principles, namely, financial security, taking into account the principle of efficiency, the principle of autonomy, the principle of public interest andmaintain the principle of good faith, through the development of specialized commercialbanks merger Regulation, the establishment of specialized areas and relatively independentcommercial bank merger antitrust enforcement agencies as well as special provisions forforeign acquisitions to establish a legal system so perfect commercial bank mergers andacquisitions.Thus, through the study of the legal system of commercial banks in developed countriesand the acquisition of the legislative model of law enforcement agencies, drawing on theirexperience and on the basis of the actual, can make a commercial bank under the command ofthe Merger Regulation, with the sector law and departmental regulations to build a completeregulatory legal system, as well as mergers and acquisitions in the regulation of commercialbanks, the establishment of specialized and relatively independent commercial bank mergerantitrust enforcement agencies and other recommendations. Thus, under the concept of goodfaith, to maintain financial security and financial efficiency, and protect the public interest.
Keywords/Search Tags:Commercial bank, M&A, Legal System
PDF Full Text Request
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