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Study Of Comparative Law On Functions Of The Deposit Insurers

Posted on:2016-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:X H LiuFull Text:PDF
GTID:2296330479987989Subject:International law
Abstract/Summary:PDF Full Text Request
As an important annulus of national financial safety net, deposit insurance system has been set up in more than 110 countries around the world. As the "referee" of deposit insurance system operation, the rational establishment and value choice of the deposit insurance institutions is critical to the normally operation of banks and bankruptcy management. And it is also of great significance to protect the interests of depositors, as well as the country’s financial market orderly operation. American is a forerunner of deposit insurance system in the world, Federal Deposit Insurance Company(FDIC) is famous for its reasonable designed operation regulation, and is improving by continuous action of legislations and judicial cases. Especially its ability to rapidly get through the financial crisis, and quickly restored confidence of people into financial institutions. As a representative country of Europe, the deposit insurance system of UK, the existing of deposit insurance institutions is mainly for the early management of trouble banks and judicial operation with failed banks. Especially his various methods to save the trouble banks are worthy of reference. The function of deposit insurance institution in Japan has experienced a process from single to comprehensive. Since the financial crisis in 1994- 1995, several reform make Japan become a deposit insurance institution with perfect function, and has been one of the most important segment of the financial safety net. Deposit insurance system has become an important aspect of International financial security and cooperation.Basel Banking Board and International Association of Deposit Insurers has produced several guiding principles.Since the People’s Bank of China has issued a "deposit insurance regulations" in 2015, and received a lot of positive response. The explicit deposit insurance system is eventually founded. This regulation gives the definition and scope of deposit insurance. Especially it involves the early corrective measures,the Special disposal measures to insured banks. And it even involves the measures to keep or increase the value of the deposit insurance fund.Therefore this paper will focus on the functions of deposit insurance institution, aims to find out the proper functions of the deposit insurance institution in China, and maximize the authority within the law scope.This paper is divided into four chapters. The first chapter is the introduction of a deposit insurance system. The main factors are background, legal nature, legal relationship and classification of deposit insurance. The second chapter is the implementation of the necessity of deposit insurance system in China. This chapter involves the significance of the establishment of a deposit insurance system in China, the necessity and theory and the deposit insurance agency functions and practical significance to choose the legislation of our country. And the some object introduction and evaluation of China’s new legislation "deposit insurance regulations". The third chapter is the selection of deposit insurance institutions in the worldwide, especially the functions of deposit insurance institutions in the United States, Britain and Japan. There are also some comparison of their internal governance mode, the relationship between the deposit insurance company and other financial regulatory institutions. The fourth chapter is the comparison of deposit insurance agency functions and choice of legislation in our country. The function of deposit insurance agency is divided into "early corrective mechanism", "the special disposal mechanism to problem bank ", "bankruptcy settlement mechanism" and other functions. Through a comparative research of related functions in USA, Britain and Japan, combined with China’s reality, we could draw the conclusion of our country.
Keywords/Search Tags:deposit insurance, bankruptcy, financial safety
PDF Full Text Request
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