| As an important financial institution,commercial banks play a significant role in a nation’s economic development as well as the maintenance of social stability.It may result in the spread of the finial crisis,posing systematic risk,the increase of processing cost and the waste of social resources if a commercial bank in trouble cannot be handled properly.When handling a commercial bank,we should prefer the application of bankruptcy reorganization and try to avoid its entering into liquidation.The bankruptcy reorganization system of commercial banks aims at saving those banks to resume normal operations,promoting the efficient use of financial resources and promoting the banks’ healthy and steady development.Many countries throughout the world have established reorganization systems specially for commercial banks,but our country is obviously far behind.At present,our country has no special legislation for the bankruptcy reorganization of commercial banks,and existing laws only pay little attention to this.The Enterprise Bankruptcy Law of the People’s Republic of China and some scattered provisions are far from meeting the needs of law for commercial banks’ bankruptcy reorganization.So far,there has not even a case about commercial bank’s legal withdrawal from the market,let alone a successful bankruptcy reorganization of commercial bank.However,phenomena about commercial banks’ entering into crises occur here and there.As for this,the author starts from the current status quo of China’s commercial bank bankruptcy reorganization,analyzes the particularities of commercial banks’ bankruptcy reorganization and existing problems.Then the writer discusses the theoretical basis and basic principles of starting bankruptcy reorganization.Based on the discussions,the author attempts to solve the problems mentioned,tries to improve the so-called “pre-procedure” takeover,and offers suggestions for the application body and initiated criterion. |
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