The Research Of Legal System On Bankruptcy Of Chinese Commercial Bank

Bankruptcy is one of the ways in which the company exits the market,but so far China's commercial banks have not yet gone through bankruptcy practice.As one of the main participants involved in market competition,commercial banks' bankruptcy are both possible and necessary.At the same time,commercial banks are special financial enterprises,their special economic status and special liability business characteristics,making commercial banks' bankruptcy is different from the general corporate.For a long time,It usually took administrative measures which belong to aftermath of the remedies to the problem commercial banks in China,the effect is not ideal,this invisible national credit support in the process of market protection is weak.Considering the possible systemic risk of financial bankruptcy of commercial banks and the turbulence of financial order,and the special group interests of deposit creditors,it is necessary to develop specialized law to regulate the commercial banks' bankruptcy.The study of this paper is divided into four logical structures: from the basic theory of bankruptcy to the commercial bank bankruptcy of the status quo and problem analysis,and then to the comparative analysis of foreign experience,and finally proposed for China's commercial bank bankruptcy norms of legislative proposals.In the basic theory,the paper analyzes the difference between the bankruptcy of commercial banks and the bankruptcy of ordinary commercial entities,analyzes the value of bankruptcy of commercial banks and regulates the properties of their laws.In-depth discussion on the uniqueness of bankruptcy of commercial banks and the positive significance of regulating bankruptcy of commercial banks and so on;the status quo in terms of description and defects noted,were elaborate norms for behavior of commercial banks bankruptcy "bankruptcy law" and "commercial Bank law" and other relevant laws and regulations,etc.,and pointed out that lack of specification,the bankruptcy started on operational difficulties,prevention and relief Chang,the dominant uncertainty,etc.;in introducing extraterritorial experience,introduced the special commercial bank bankruptcy law in the United States and the United Kingdom as well as special "regulatory standards" and disposal mechanisms bankruptcy,and summarize available Drawing on the generalapproach of reference;in the case of improvement measures against the bankruptcy legal system of commercial banks suitable for China's national conditions,from the takeover to the bankruptcy start-up and reorganization procedures and liquidation procedures and other measures,in the standard and the main body to make specific improvements,standards and subject scope and Authority.The innovation of this paper is to quantify the starting standard of various measures,put forward the objective quantitative standard of the series of capital files,standardize the takeover,start the bankruptcy and bankruptcy declaration,and clarify the relationship between the relevant measures and the main body trying to put forward constructive suggestions on the drafting of China's commercial banks enactment of the bankruptcy Ordinance from many angles.