Researches On The Bank Insolvency Legal System

With the continuous development of global economy, all countries financial and economic system is also in constant change and deepening, China’s commercial banks have made some progress. However, for the existing problems of the commercial banks has long been settled through administrative means, it can be said, China is still no real sense of bankruptcy of commercial banks, but also there is no perfect commercial bank insolvency legal system, is provided for in the law, some regulations, such as "enterprise bankruptcy law", "law on commercial banks", "banking supervision and management law" etc.Commercial banks bankruptcy is the natural result of market economy, the survival of the fittest, major problems but also related to the financial system security and the healthy development of the national economy. Because our country commercial bank under the protection of the government for a long time, which makes its overall competitiveness is relatively low, cannot fully cope with the impact of foreign banks. So it is urgent to perfect our commercial bank insolvency legal system, strengthen the risk awareness, improve the efficiency of the allocation of resources, so as to improve the overall competitiveness of China’s banking industry. This paper intends to commence commercial banks bankruptcy by discussing specific studies of six parts.The first part is the introduction part, mainly described in this paper, the research background, significance and related literature review.The second part is a general overview of the commercial bank bankruptcy legal system. Analysis of the characteristics of the commercial bank bankruptcy, and summarized the basic principle, and its value is to study the basic theory of commercial bank bankruptcy legal system.The third part is the current situation of legislation system about commercial bank bankruptcy, and sorts out the legal system of commercial banks insolvency in China to the list, to our country commercial bank bankruptcy legal system the analysis of existing problems. Specifically, the defects of our current commercial Banks bankruptcy legislation is lack of systematic legal framework, lack of bankruptcy the launcher, the provisions of the bankruptcy prevention system, bankruptcy and liquidation proceedings without particularity, commercial bank information disclosure system has many shortcomings. In short, the existing legislation does not provide a set of standardized legal system.The fourth part is the study of some problems that in main developed countries for commercial bank insolvency legal system. Author selected the US, Britain and Japan as research samples, these countries’ legislative model and system design are distinctive, therefore, when constructing the commercial banks insolvency legal system in China, we should be targeted to absorb and refer to foreign mature theoretical achievements and rich practical experience.The fifth part is the key of this paper, which is thinking of the bankruptcy legal system of Commercial Bank of our country and improvement suggestions, expounds on the concept of bank bankruptcy law of bankruptcy prevention and depositors special protection legislation idea, the legal system of our country commercial bank bankruptcy legislation mode is analyzed, and focuses on commercial bank bankruptcy prevention system, bankruptcy liquidation of a commercial bank system, commercial bank insolvency liability, commercial bank information disclosure system and the bankruptcy administrator system perfect, and put forward some own plain suggestions.