Study On The Legal Problems On Disposition Of Chinese Commercial Banks' Non-performing Assets

For a long time,the non-performing assets of China is given priority to with the non-performing loans of commercial banks,and the types,sizes,causes,disposal policies and means of non-performing loans have a great impact on financial non-performing assets market.The non-performing loans of commercial banks are affected by macroeconomic environment,social credit environment,regulatory factors and the banks themselves.The macroeconomic environment is the important factor among them.The social credit environment and regulatory factors are the restraint mechanism,and the strict audit of bank can be said to control the source of non-performing loans.Loan funds as the main assets of commercial banks,if there are a large number of non-performing assets or disposal of the impairment,not only will encroach on the funds available for lending,but also directly against the foundations of the banks to survive.The main risk of commercial banks is the credit risk.When the author participates in the collection business of some non-performing loans,it is found that the bank has done the risk prevention and control in the aspects of qualification examination and collateral assessment before the credit.There are still a large number of overdue loans,so after entering the disposal stage these non-performing assets are packaged to sell,or found a law firm to collect.In practice,even if the litigation wins,faced with the deteriorating operating conditions of the borrower,the value of the mortgaged property,circulation and realization are affected to varying degrees.In addition,the legal system of disposal of non-performing assets in China is not perfect.In the face of various kinds of creditor's rights and asset transfer cases,a large number of legal application problems often make judges and lawyers bewildered in judicial practice.Therefore,the disposal of non-performing assets still needs innovative means,models,and the improvement of the legal system,as to achieve the better unification social effects and legal effects.So,this article starts mainly from the concept and model of bank non-performing assets disposal.The full text is more than twenty thousand words and divided into four parts of the disposal of non-performing assets discussed.The first part introduces the concept and classification of non-performing,summarizes the non-performing assets of commercial banks,analyzes the cause and harmfulness of non-performing assets,discusses the necessity of non-performing assets disposal.The second part describes the several modes of disposal ofnon-performing assets of banks.It mainly lists five common modes of litigation recovery model,asset reorganization model,debt-to-equity swap mode,diversified sales model and asset securitization model,and also analyzes the main problems existing in the disposal models of China's commercial banks.The third part compares the disposal model of several countries that have rich experience in it under the actual conditions,summarizes the advantages and disadvantages of its disposal model,puts forward the enlightenment to the disposal of non-performing assets in China,and thinks about the value,impact and social effect of the legal system on the disposal model of non-performing assets.The fourth part is aimed at the above analysis,and puts forward the concrete measures to the disposal of non-performing assets of our bank,including improving the social credit system,strengthening the construction of the judicial environment,increasing the supervision of the government to the financial industry,expanding the channel of the private capital into the non-performing assets disposal industry,strengthening the banks themselves to prevent the non-performing assets and enhancing the independent ability and innovative means of disposal.