Protection Of Bank Claims In Bankruptcy Procedure

From the perspective of bankruptcy law,this paper studies the protection of bank's creditor's rights.Bankruptcy is an unavoidable problem of modern enterprise system.Enterprise bankruptcy involves the debtor's debt liquidation.In general,banks are the largest creditors of debtor companies,and the biggest victims of corporate bankruptcy are banks.However,in bankruptcy proceedings,there is no essential difference in the legal position between bank claims and other types of claims,unless the bank's claims have a priority in the formation of secured claims due to guarantees.In other cases,bank claims are cleared in bankruptcy proceedings is no priority.Under China's market economic system,the stability of the banking industry is the basis for the stability of China's national economy.The realization of bank credit rights is also a prerequisite for banks to play a role in social mediation.The protection of bank credit rights should have been a priority.Unfortunately,both the "People's Republic of China Contract Law"(hereinafter referred to as the "Contract Law"),the "People's Republic of China Commercial Banking Law"(hereinafter referred to as the "Commercial Banking Law"),or the "People's Republic of China Enterprise Bankruptcy Law"(The "Enterprise Bankruptcy Law" referred to below does not give enough credit to the bank's creditor's rights and protection.As a result,the bank lacks the right to speak in bankruptcy proceedings,which is detrimental to the realization of its own legitimate rights and interests.This paper will use theoretical research methods and legal economics research methods to explain the logic of raising questions,analyzing problems,and solving problems.Through the discussion of the "Enterprise Bankruptcy Law" and related legal systems to rationalize the status and insufficiency of the protection of bank claims in bankruptcy proceedings,the bankruptcy practice has been strengthened through the construction and improvement of the bankruptcy administrator system and reorganization system.We will strive to put forward solutions from the perspective of practice and theory,provide suggestions for bankruptcy practice operations and bankruptcy legislative activities,promote the development of the bankruptcy-related systems of Chinese enterprises in the future,and make certain contributions to the protection of bank claims in bankruptcy proceedings.Firstly,it summarizes the bank claims and clarifies the legal status of bank claims and other claims by judging the legal position of bank claims.It finds that bank credit claims have the possibility of risks.Because of the special attributes ofbank claims,bank claims risk It will bring about a chain reaction.From the status of bank creditor protection in the "Bankruptcy Law of the Enterprise" and related legal systems,analyze the contribution of the law to the protection of bank financial claims under the bankruptcy procedure,but unfortunately,the law of non-preferential creditor's rights in bank claims.Positioning,both the bankruptcy administrator system and the bankruptcy reorganization system have not done a good job of protecting bank creditor's rights.Secondly,through the theory of law and economics,it is important to analyze the importance of bank creditor's rights protection.The realization of bank's financial creditor's rights is conducive to exerting the intermediary role of the banking industry in the market economy,and it is also of great significance to the national economy and the social credit system.Recognize the need to protect bank claims in bankruptcy proceedings.Finally,by analyzing the reality of bank creditor's rights protection under the existing legal system and the necessity of bank creditor's right protection,the theoretical research methods are applied to explore the path of bank creditor's rights protection in bankruptcy proceedings.The author believes that the protection of bank claims in bankruptcy proceedings is further refined in the bankruptcy administrator system,bankruptcy and reorganization system,and other related systems.The specific measures are given to banks participating in the selected bankruptcy administrator.The responsibility for the manager's performance of duties is the responsibility of the Bankruptcy Administrators Association.In perfecting the conditions for bankruptcy and reorganization,the Bank grants banks the right to review the mandatory bankruptcy restructuring plan.Banks improve the internal management system,and the state resolves conflicts between laws from the legislative level.