Research On Creditor Protection Mechanism In Bankruptcy Reorganization Of Commercial Banks In China

The steady operations of commercial Banks is related to the stability of a country's financial system,once the occurrence of crisis management to the impact on a country's financial system,and even endanger the country's political,economic,and the stability of social order,so the countries are seeking to resolve the banking crisis,one of the most common solution is the bankruptcy reorganization system.The system can deal with the debt crisis,improve the optimal allocation of resources,maintain the market,and have irreplaceable advantages in resolving the banking crisis.As commercial Banks take deposit taking and loan issuing as the main operation mode,when commercial Banks enter the restructuring process,depositors become the most important restructuring creditors of commercial Banks,so the protection of depositors'interests becomes the key to solve the whole crisis.This determines that in the bankruptcy reorganization of commercial Banks,priority should be given to protecting the interests of a large number of small and medium-sized creditors,otherwise it will not be conducive to the bankruptcy reorganization system to give full play to the role of saving the crisis Banks.Therefore,in order to protect the interests of creditors,but also in order to better resolve the bank crisis,it is necessary to explore how to protect the interests of creditors through the system design in the bankruptcy reorganization of commercial Banks..In addition to the introduction and conclusion,this paper is divided into four parts.The first part is the overview of bankruptcy reorganization system of commercial Banks and the basic contents of creditor protection;The second part focuses on the analysis of the current legislation on the protection of bankruptcy creditors in China and explores the plight of the protection of creditors' interests.The third part focuses on the definition of commercial Banks' bankruptcy reorganization creditor's rights,interprets the theoretical basis of each type of reorganization creditor's rights,and discusses the rights that different types of creditors can enjoy;The fourth part discusses how to protect the interests of creditors in the legislative design.