Research On Standard Of Insolvency Of Commercial Bank

Since the 19 th century,commercial bank failures have occurred frequently in the world,and it is difficult for any countries to avoid the insolvency of commercial banks.Although there is not even one commercial bank has gone bankruptcy at present stage,but the wrong and deeply-rooted ideas in Chinese people's mind that bank will never go bankruptcy need to be broken.In order to exude vitality,competition is inevitable and must exist.Survival of the fittest is the law of market competition.Therefore,the outdated concept of "Big Banks Cannot Fail" in our hearts needs to be corrected.The research object of this paper is the bankruptcy standard of commercial banks.The bankruptcy standard is the starting line of bankruptcy proceedings,which is very important to the bankruptcy system itself.In this paper,the bankruptcy standard of commercial banks is analyzed separately,mainly because of the particularity of commercial banks,which determines the particularity of the bankruptcy standard of commercial banks.It also determines the difference between the bankruptcy standard of commercial banks and ordinary enterprises.In addition,many countries around the world have adopted special standards for commercial banks because of the particularity of commercial banks,which is the regulatory standard of "Prevention First".There is no specific regulation on the bankruptcy of commercial banks in China.The standard of commercial bank bankruptcy is the same as that of ordinary enterprises.Although the vast majority of China's academe scholars hold positive attitude to the introduction of regulatory standards,but at present,it has not yet been introduced,and the academic circles on how to construct conforms to China's national conditions of regulatory standards has nearly no discussion.In the first part,this paper introduces the connotation and significance of the bankruptcy standard of commercial banks,and then analyzes the differences between the bankruptcy of commercial banks and the bankruptcy of ordinary enterprises.Secondly,the analysis of bankruptcy standard is carried out,which is divided into general bankruptcy standard and special bankruptcy standard.After that,this paper enumerates the principles of the bankruptcy standard of commercial banks,namely the practicalprinciple,the principle of economic efficiency,the principle of openness and the principle of relative certainty.In the second part,this paper will analyse and compare the United States,Britain and Canada bank bankruptcy law and bankruptcy standard one-by-one.At the same time,in a common choice of the three countries-the regulatory standards as the core,through analysis of regulatory standards in three countries of the relevant laws and regulations and related policies,this paper provides the references for our country to introduce the standards.In the third part,this paper focuses on the legislative status and existing problems of the bankruptcy standard of commercial banks in China.At present,China has not yet clear standards of commercial Banks bankruptcy,this also brings a lot of problems,not only not conducive to safeguard the interests of the depositors,creditors and other related obligee,more not conducive to social and public interests.Therefore,the author suggests that China should introduce regulatory standards and establish bankruptcy standards for commercial banks.This paper focuses on demonstrating the fourth part,means how to develop the commercial bank bankruptcy standards which consistent with China's national conditions.After introduced regulatory standards of legal basis and institutional basis,the author puts forward the construction basis of regulatory standards and specific building solution suggestions,including which institutions can be a regulatory agencies,regulatory standards specific regulatory scope of regulatory standards,and discusses on the legal level to establish risk identification mechanism of regulatory standards.The author believes that our country should adopt the method of choosing from the balance sheet standard,liquidity standard and regulatory standard,as the way to start the bankruptcy proceedings.This paper also enumerates the commercial bank bankruptcy standard shall not apply to the exceptions.Finally,this paper analyzes the role of the regulators and the courts in determining whether the bankruptcy standard is up to the standard of bankruptcy.