Legal Issues Of The Bankruptcy And Restructuring Of Commercial Banks

Financial industry is the core of the whole social economy, under thebank-dominated financial system in our country, the important status and role ofcommercial Banks, can say that out of the commercial bank grows harder all socialmain body of economic activity. But with the deepening of the market economy systemreform, especially after the financial crisis, the developed country commercial bankwent bankrupt because of poor management phenomenon is not rare. Bankruptcyreorganization system as the inevitable outcome of the development of modern conceptof bankruptcy, become an important means to save the banking crisis, not only theproblem of bank crisis is necessary to save, at the same time will help hopeless bankgive fall into disuse, maintaining the order of market economy under the condition ofreasonable competition and to achieve the optimal allocation of resources and thestability of the financial system. The world’s developed countries will set up thereasonable system of commercial Banks bankruptcy reorganization. Our countrycommercial bank due to long influenced by planned economy system, in a monopolyposition, administrative out phenomenon is serious, there is no law to perfect thecommercial bank market withdrawal mechanism. As the market increasinglycompetitive, let the mismanagement of the commercial Banks in a reasonable way toexit the market has been the trend of The Times. But from a legal perspective, inaddition to the enterprise bankruptcy law of financial institutions bankruptcyreorganization issues of principle, the commercial bank bankruptcy reorganization,there is no clear legal basis, and also unable to realize the effective connection betweenrelevant administrative rules. Therefore, under the background of China’s financialsystem reform, to perfect legal system of commercial Banks bankruptcy reorganizationhas great realistic significance.Besides preface, this article text is divided into four parts:The first part of commercial Banks bankruptcy reorganization to focus on the basic theory of issues. Starting from the value and significance of the bankruptcyreorganization system itself, to analyze its rationality, and reveal the modern marketeconomy condition on the basis of reforming the bankruptcy save system necessity,and combined with the particularity of the commercial Banks, the basic connotationof the commercial bank bankruptcy reorganization of legal interpretation. At the sametime, from the special operation mode of commercial Banks and social status,exposing bankruptcy reorganization should stick to the basic principles of commercialBanks, highlights and general market main body reforming system differences.The second part of the commercial bank shall establish a system of bankruptcyreorganization system as the core of inevitability Angle of research. On the one hand,this necessity from the perspective of the bankruptcy law is caused by the bankruptcyconcept transformation, pure bankruptcy liquidation system does not meet the modernmarket economy under the conditions of the basic requirement of the operation of thevalue theory, resulting in a need for enterprises to save and to build, the emergence ofthe bankruptcy reorganization system catered to the trend; On the other hand, thedeveloped countries in the world have established a relatively perfect system ofcommercial Banks bankruptcy reorganization, although the system model is different,but in general, conform to the national development needs. Largely forced the Angleof comparative law research in our country, realize own system integrity.The third part focuses on the current situation of the bankruptcy reorganizationlegal system of our country, and on this basis reveals the deficiency. Commercial bankbankruptcy system in our country, there is no clear legal provision, the enterprisebankruptcy law not to specialized commercial Banks bankruptcy provisions, theadministrative regulations, custody, takeover system is lack of maneuverability, thenegative externality of economic development effects exacerbated the risks ofcommercial Banks. Leading to present the government out of commercial bank isserious, the lack of pertinence and operability of the restructuring procedure.The fourth part tries to seek the solution of the our country commercial bankmarket withdrawal mechanism, is the current legal system based on the reasonableconstruction and improvement of building in harmony with the legal system of our country, and the system of systems and mechanisms to cohesion. Not only shouldcoordinate with the special relationship between judicial power and administrativepower, to coordinate the work, do their job. And aiming at the particularity ofcommercial Banks, the bankruptcy reorganization of initiator, the administrator, thereorganization plan to make the selection of a particular Angle of regulation, to meetthe specific requirements of the development of commercial Banks.