On The Perfection Of Commercial Bank Bankruptcy Law

Commercial banks is the main part of the market economy, in the process of its operation,it is like other market main body in the market competition, and produce superior bad discard. This needs to be adjusted related by bankruptcy law. Currently, the bankruptcy of major Chinese commercial banks through the "Commercial Bank Law", "Bankruptcy Law" and "Company Law" to regulate,however,these laws about commercial bank failures only have made provisions in principle, does not fully reflect the special nature of the commercial banks, the lack of practical operational,there are many problems to be solved during commercial bank insolvency process.At present, China has tens of thousands of corporate type of banking financial institutions, different of health status, to exit bankruptcy as a means of selection mechanism is undoubtedly insist on the right path leading market. The establishment of bank insolvency regimes in line with the requirements of the economic value of the market is currently China's banking reform an urgent task.Scientific theory is based on the scientific method.This paper, empirical analysis and normative analysis, inductive and deductive methods assume combined in the context of global economic integration and a mature market economy countries experience,and the perspective to scholarship on questions of legal theory, a comprehensive analysis of the status of China's banking crisis, and analyzes the bank insolvency regime in practice, the integration of existing legal provisions on the basis of commercial bank failures in the process of a number of legal issues in detail analysis and combined other countries experience with our country,concluded the constructive comments.Our country's "Deposit Insurance" was issued for 21 years since our deposit insurance system was proposed, "Deposit Insurance" is to establish and regulate the deposit insurance system, when the bank suffered bankruptcy law,it protects the legitimate rights and interests of the depositors.prevents and defuses financial risks in time to maintain financial stable. The Ordinance was passed on the 67 th executive meeting of the State Council, shall go into effect on May 1, 2015. With the imminent implementation of the deposit insurance system, commercial bank insolvency legislation forward in a big step.