Research On Bankruptcy Standards For Commercial Banks

The bankruptcy standard is the legal standard to start the bankruptcy procedure.The significance of the bankruptcy standard is to judge the debtor's loss of solvency,to show the legal fact that the bankrupt has reached the bankruptcy limit,and the bankruptcy subject has sustained financial deterioration and to provide the basis for the judicial organ to declare bankruptcy.As a kind of legal entity,commercial banks have their own economic and legal particularities.In this field,domestic justice currently only stipulates general bankruptcy standards,but does not make more explicit provisions.Further,the provisions are not detailed enough and specific,and the target is a commercial bank,there are major defects.Based on the special legal status of commercial banks,at present,most countries construct and apply the regulatory bankruptcy standards independently in the process of commercial banks' bankruptcy.The regulatory bankruptcy standards embody the value concept of commercial banks' bankruptcy prevention,which can give full play to the professional advantages of the regulatory agencies.Through the establishment of specific regulatory standards,the commercial banks' bankruptcy can be determined quantitatively,thus starting to break Production procedure.Therefore,it is necessary to introduce and construct regulatory bankruptcy standards in line with China's national conditions and banking industry under the current legal framework in order to prevent commercial banks from going bankrupt in the future.Therefore,this article firstly discusses the incompatibility and non-scientific nature of the general bankruptcy standards of enterprises in the specific determination and application of commercial bankruptcy,thus demonstrating that the general bankruptcy standards of enterprises cannot be fully applied to commercial bankruptcy;A comparative study of relevant laws and regulations of other countries sums up the similarities and differences in performance.Finally,other countries have established a relatively complete system in this field.For commercial banks,there are clear andusable Note,and the key indicators are as follows,that is,non-performing loan ratio indicator,leverage ratio indicator,capital adequacy ratio indicator,liquidity risk indicator and provision ratio indicator.Finally,in order to ensure the smooth implementation of the regulatory bankruptcy standards constructed in this article,under the current judicial framework,the indispensable pre-bankruptcy pre-procedures,further coordinate the regulatory bankruptcy standards and ordinary bankruptcy standards,and join judicial review System to ensure an orderly connection between the supervision system of China 's commercial banks and the regulatory bankruptcy standards.