Discussion On Bankruptcy Reorganization Law System For Commercial Banks In Our Country

As a pillar industry, financial industry affects the normal operation of our economy directly. Our economy is also developing towards the finance-oriented financial economic system. As an important component of our financial system, there is no doubt that in this process commercial banks play a very important role. Commercial banks enhance the establishment and completion of our financial system to a great extent. Without financial banks, it is hard to construct our financial system, and all kinds of economic activities will be constrained severely. However, in the context of market economic system reform and global depression, it is common that some commercial banks collapse due to mismanagement. Law system of bankruptcy reorganization has become a key means to rescue the commercial banks which are facing collapse. It can not only give a hand to the banks with crisis, but also improve their competitiveness in the market through this kind of mechanism, so that all kinds of resources from the banks can be fully utilized, and realize optimization and allocation in the continuous change and innovation, thus make sure that commercial banks can develop forward stably for a long time. Most of the developed countries in the world have already equipped with relatively completed bankruptcy reorganization law system. Whereas, no matter in terms of theoretical depth or implementation status, there is an obvious gap in this law system between the commercial banks in our country and developed countries. Regarding the gradual loss of the commercial banks, most of them are supported by policy or government assistant, which will lead to a severe administrative burden. When market economy gradually moves towards prosperity, if commercial banks cannot run well, as a special enterprise of the financial institutions, its bankruptcy is not impossible. However, in terms of law, nowadays, there are few laws or regulations for problem banks, such as Enterprise Bankruptcy Law, The Law on Banking Supervision, Commercial Banking Law, and Regulation for Financial Institution Closure. Only Enterprise Bankruptcy Law stipulates principally the issue of financial institution bankruptcy reorganization, and there are no specific articles for the further explanation of bankruptcy reorganization for commercial banks. Thus, to realize the effective connections among relevant administrative regulations becomes full of difficulties. Besides, its content is incomplete and lack of feasibility.As the current newly Enterprise Bankruptcy Law of our country and other relevant principally stipulation on bank bankruptcy cannot fit the special requirements of commercial bank bankruptcy reorganization, the existing related law source of commercial bank bankruptcy cannot solve the fitness problem of bankruptcy reorganization law for commercial bank. Therefore, to solve the current problems such as legislation dispersal, lack of feasibility and corresponding security system, this essay takes the law system of bankruptcy reorganization for commercial banks as a research object, based on the analysis of the basic theories of bank bankruptcy, it analyzes deeply the legislation situation of the law system of bankruptcy reorganization law for commercial banks in our country deeply, and searches for the root of “bankruptcy reorganization”. By analyzing some relevant practical cases and experience of our country and combining the actual status of our country, it starts from reorganization principle, reorganization method and reorganization proposal, to construct a bankruptcy reorganization structure which is suitable for our commercial banks, thus improve our bankruptcy reorganization law system for commercial banks.