Comparative Study On Bank Bankruptcy Legal System Law

As an important participant in the market,the bank may also be involved in situations such as the occurrence of operational difficulties and disability in repaying due debt under the competition rule.In such cases,the bank should also follow the law of survival of the fittest to guarantee its timely and normal drop-out so as to avoid undergoing greater risks.The first part of this article focuses on the comparative study of bank bankruptcy legislation mode,starting from the overview of bank bankruptcy,and emphasizing on analyzing the unary legislation and binary legislation mode of bank bankruptcy,namely ordinary legislation and special legislation model.A unary legislation mode is represented by Britain,where the law of enterprise bankruptcy with ordinary commercial subject also applies to banking financial institutions;while the binary legislation mode is represented by the United States,where specific law is developed for the banking financial institutions bankruptcy,considering the particularity of financial institutions.The scend part of the article focuses on the comparative study of pre-procedure of bank bankruptcy.Comparative study is conducted on the bank takeover system and trust bank system from the aspects of applicable conditions,organization,and plan implementation,and its enlightenment on bank bankruptcy pre-procedure in China is obtained.Combined with our national conditions,bank takeover system is a relatively safe procedure in helping the risky bank get out of dilemma and reducing the risk posed by the bank crisis,,which manifests its necessity and benefits.The third part of the article focuses on comparative study of bank bankruptcy standard.Based on the analysis of the general theory of bankruptcy standards,combined with the particularity of bank bankruptcy,bankruptcy standards are summarized and compared and their enlightenments on our country are derived.The current bankruptcy law in our country does not base itself on the mature technology for risk management,nor match the definition of bankruptcy standards with the corresponding bank management regulations.The understanding of the banking crisis is still at the asset liability management level,leading to a lack of market disciplines.The fourth part is focused on bank insolvency the disposal measures,first analyzes the bank bankruptcy liquidation value is the maximum value of the bank to save to make it easy for sale or liquidation,then carries on the contrast to the Bank of England and the United States bank bankruptcy liquidation mechanism,and the thinking of China's Bank Insolvency the disposal measures.The fifth part of the article focuses on the comparative study of the deposit insurance system established for preventing bank bankruptcy.Firstly,comprehensive analysis is conducted on the deposit insurance system,including its coming into being,effects,and possible adverse consequences,to guarantee that the advantages of establishing and operating the deposit insurance system outweigh the disadvantages.Secondly,through the function analysis of the deposit insurance system,conclusion is drawn on why the deposit insurance system could realize risk prevention and risk management of bank bankruptcy.Finally analysis is conducted on the already established deposit insurance system in China.