The Research On Bankrupt System Of Chinese Commercial Bank

In the Chinese traditional ideas, the bank could not fail. Thegovernment as the bank strong backing, carries out the principle of theBank is “too big and cannot fall”, and gives Banks some recessiveguarantee for the bank rescue. Therefore, China’s banking so far has nothappened any real cases of bank bankruptcy. However, according to China’sWTO commitments, while the financial industry open are deepening, moreforeign financial institution has entered Chinese market, bringing newcompetition to national commercial banks. The conduct that considernational credit as bank credit cannot adapt to the banking practices ofcompetition in the market, and will bring negative effect to China’sfinancial globalization. Moreover, it also does not conform to the WTOrelated principles, especially after the global financial crisis in2008,several large commercial banks of developed countries was in thepredicament, the financial system of these countries in turmoil areexploring a more effective mechanism to deal with financial volatility.Therefore, we need to establish a set of perfect scientific bank bankruptcy system as soon as possible, this is the needs of the developmentof China’s banking industry itself, but also comply with the requirementsof international situation.From the basic concept of commercial bank bankruptcy, this articlecompares commercial bank bankruptcy with the general enterprisebankruptcy, and analyses the current legislation status of Chinesecommercial bank, combining the advanced foreign countries’ legislativeexperience, try to give some legal suggestions on establishing andperfecting our commercial bank bankruptcy legal system.This paper intends to discuss four areas of commercial bankinginsolvency regime, which made recommendations for the establishment ofcommercial bank bankruptcy legal system:The first chapter is an overview of commercial banking bankruptcylegislation, in order to conclude the perspective of commercial banksdiscussed the concept of bankruptcy legislation and its special statusin the Enterprise Bankruptcy Law. At the same time, introduced valuesand mode selection of commercial banking legislation, which leads to thetheme of this article.The second chapter introduces the main contents of the foreigncommercial bank insolvency regime and Analysis. Our research started latecommercial bank insolvency regimes, special needs learn from the advancedexperience of foreign legislation. This chapter from the perspective ofcomparative law, introduced by the United States, Britain, Germany, Japan,the four countries in terms of commercial bank bankruptcy law, theiradvantages and disadvantages Analysis, which is suitable to learn fromlooking at our country, which is China’s commercial bank insolvency regimeestablished to provide a good experience.The third chapter discusses several chapters on the basis of the above,we propose the design concept of the establishment of commercial banks bankruptcy legislative system. This chapter is the focus of this article.Ordinary corporate bankruptcy proceedings, based on the application anddiscuss each receiving bank insolvency, bankruptcy proceedings heldreporting and claims of the creditors’ meeting, a series of questions andsettlement system of bankruptcy reorganization, liquidation system, andafter the bankruptcy proceedings. Bank deposit insurance system is anintegral bankruptcy legislation system, so finally, discuss the necessityof the deposit insurance system in this chapter in commercial bankinsolvency legislation important role, which reveals the introduction ofa deposit insurance system in our country commercial bank in bankruptcy.The fourth chapter the conclusion, intended to summarize the full text,and on the basis of the above discussed next to the text of the finalconclusion.