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Study On Bankruptcy Legal System Of Commercial Bank

Posted on:2020-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:Z J WangFull Text:PDF
GTID:2416330575469703Subject:Law
Abstract/Summary:PDF Full Text Request
As the financial reform of our country continues to deepen,the bankruptcy of the business bank has been the inevitable of the market economy,the problem of the economy and the market of the business bank has been passed through the legislation to regulate the market.Based on the special status of commercial Banks in the overall economy,the bankruptcy of commercial Banks is not as easy as that of ordinary enterprises to withdraw from market competition.Improper disposal of commercial Banks' bankruptcy will cause a "run on the bank" and impact on the development of other industries,thus endangering the stability and development of the entire financial industry.Therefore,the people's bank of China,as the central bank,should play its role in the bankruptcy of commercial Banks and build a scientific and effective safe financial network to control the transmission of risks of commercial Banks.From the perspective of law,the bankruptcy system of commercial Banks should be constantly improved and the functional system of the central bank in commercial bank bankruptcy should be constantly optimized.By strengthening the function of the central bank in commercial bank bankruptcy,the economic efficiency of the banking industry should be improved.After all,the volatility of commercial bank assets requires that the asset disposal time should be reasonable.In the benign interaction of economic and law,perfecting the legal system of regulating the behavior of financial market participants in the economy,administrative behavior,etc.,in the commercial bank bankruptcy legal norms in the Ming elaboration and embodiment of banking supervision and the main body,especially in the commercial bank bankruptcy to clarify the central bank's prudent regulatory functions,prudential supervision at the macro level and micro level of coordinated prudent regulatory functions,in the middle of the global banking regulation under the background of regulatory functions constantly strengthened,look at China's central bank in the function of the prudential supervision of commercial Banks bankruptcy has great practical significance.And other functions of the auxiliary function to the central bank,the lender of last resort system needs to be passed a law to clarify its functions,relative to the central bank to lender of last resort functions play an indirect method,highlights the necessity of the direct role of lender of last resort and superiority has strong practical significance and direct lender of last resort to more effective and professional,to boost confidence in the market has a strong positive role.At the same time to realize the role of the central bank in the deposit insurance fund management,the central bank for the legitimacy of the deposit insurance fund management has a legitimate and universal applicability,with deposit insurance fund supervision and management,implement the central bank in the commercial bank bankruptcy for the work of bankruptcy in the early,middle and late of prudential supervision and the commercial bank bankruptcy for depositors' funds security.For a lender of last resort system and deposit insurance system will face a "moral hazard" problem solving,can through the system design to reduce the effect on the risk of moral hazard,strengthen the construction of the internal supervision mechanism and the risk of commercial Banks internal control system design,at the same time between external reinforcement corresponding bank capital flow restrictions.Lender of last resort function and deposit insurance system in the contact between the system on the basis of the interaction and coordination,cohesion and cross between system can be more efficiency for prevention and control of commercial bank bankruptcy,the function of central bank prudential regulation not only through commercial bank bankruptcy,always should be embodied in the lender of last resort and for the implementation of the deposit insurance system.Improve and perfect our country commercial bank bankruptcy legal system,realize the commercial bank bankruptcy legal system of systematism,conform to the commercial bank bankruptcy legal system legislation pattern,explore to adapt to the modernization of the rule of law in our country commercial bank bankruptcy system construction,make the financial industry development better help the development of the real economy,to realize the long-term development and long-term stability of the financial market in China.
Keywords/Search Tags:Bankruptcy of Commercial Bank, Prudential Supervision, Lender of Last Resort, Deposit Insurance System, Financial Stability
PDF Full Text Request
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