The Research Of Legal System On Bankruptcy Of Commercial Bank In China

Like other market economic entities,commercial banks co-exist with the crisis from the date of birth.Commercial banks must follow the rule—market economy survival of the fittest.Compared with the other bankrupt enierprise, commercial bank bankruptcy have a greater impact on market economy.Therefore,most countries in the world are very cautious in the bankruptcy of commercial banks.With the reform of the financial system,the financial legislations of our country are increasingly improved nowadays, the financial legislations of our country includes all aspects of the legal relationship,but that is not involve the exit mechanism of bank.we pay attention to the establishment and slight the bankrupt. Until now, china has not yet had a commercial bank that is out of the market by way of bankruptcy. Operating deterioration and lacking of assets against liabilities make some commercial banks possesing the conditions for bankruptcy.However, lacking of sound bank bankruptcy system makes commercial banks can not enter bankruptcy proceedings.In order to maintain the stability of the financial order,our government had to use other ways to save these commercial banks,and that approach consumes a lot of financial resources. Overall,building a complete commercial bank insolvency regime is imminent. Specifically,the article is divided into four areas:The first part:The outline of commercial bank bankruptcy laws.It’s mainly elaborates the basic theory of commercial bank failures,Include the concept of commercial banks bankruptcy,Characteristics, principle, necessity and particularity.The second part:Foreign commercial banks Bankruptcy Law and the enlightenment to China.This article focuses on the Commercial Bank of bankruptcy legislation of the United States, Britain, Japan.Pointed out China needs to learn from the experience. The third part:China’s commercial banks Bankruptcy Law and its flaws.Analyzes the current situation of China’s commercial banks,pointed out the problems of China’s Commercial Bank Bankruptcy Law.The fourth part:Suggestion that to perfect our Commercial Bank Bankruptcy Law. Involving bankruptcy administrator, bankruptcy reorganization, bankruptcy liquidation.Finally, author made a point of this article that to establish China’s commercial banks bankruptcy law.