An Analysis Of The Functions Of My Country's Deposit Insurance Institutions In Bank Bankruptcy Procedures

In the construction of China's bank bankruptcy legal system,the deposit insurance system is high hopes.In the design of the deposit insurance system,a key institutional element is what role a deposit insurance institution should be given.After lengthy research and discussion,China's deposit insurance system was finally established in May 2015,marked with the promulgation of the Deposit Insurance Act.From the legislative point of view,The framework of our deposit insurance system has been set.The basic contents of the deposit insurance regulations,such as the mode of insurance,insurance premium,insurance coverage,and so on,have been stipulated.the Act also provides the function of the deposit insurance fund management institutions.However,to actually operate the deposit insurance system,and to further develop the system,there are many problems to be solved,the most prominent is the function of the deposit insurance institutions in the banking bankruptcy legal system is still unclear.Meanwhile,the construction of bank bankruptcy legal system in China started late,there are some gaps and imperfections in the current banking bankruptcy law system,so the functions of the deposit insurance institution and the bankruptcy system can not dock the situation.In order to further develop these two systems,the functions of deposit insurance institutions need to pay attention to the convergence of bankruptcy legal system in the process of further clarification and realization.This has left some space for the research of bank bankruptcy procedure and deposit insurance institution from the angle of law.The research on deposit insurance system in China is mainly based on the theoretical background,necessity and significance of the system,after learning from the system of the world,to design the deposit insurance system in China.Therefore,existing research usually carries out a more comprehensive qualitative and discussion of the content of the system,with no particular focus on one of the parts.These research results have great significance for the establishment of the system,but now China's deposit insurance system has been established,the following research should be combined with the current situation of China's bank insolvency legal system,and the research results in this area are not enough.The purpose of this paper is to discuss the functions of deposit insurers in all stages of bankruptcy,to evaluate the Institutional functions,and to find out the gaps,ambiguity of the functions,so as to further develop the system and help to make proper arrangements for legislation.This research can help to refine the functional orientation of China 's Deposit Insurance Institutions,which is a kind of innovation and progress.This article is based on the Deposit Insurance Act,combining the Construction of Bank Bankruptcy Legal System in China,after learning from foreign experience,focusing on the role orientation and function of Deposit Insurance Institutions in bankruptcy procedures of China's banks.This paper consists of three parts: introduction,text and conclusion.The text is divided into three chapters:The first chapter mainly analyzes the relationship between the deposit insurance system and the banking bankruptcy legal system,pointing out the native fit between the two systems,arguing that the two systems should be mutually reinforcing,and put forward the question of how the two systems should be connected in the future: Under the background of imperfection of the legal system of banking bankruptcy in China and the framework of Deposit Insurance System,as well as the poor convergence of two system,How should the deposit insurance institution find the functional orientation in the bankruptcy proceedings?Chapter 2 examines the functions of deposit insurance institutions in the United States,Japan and Canada in bank insolvency proceedings.These three countries have established a deposit insurance system earlier,and they represent the typical function and development trend of deposit insurance institutions,so this research has certain representativeness and significance.This chapter concludes that the development trend of the functions of deposit insurance institutions is compounded,and the focus of the functions has changed from post relief to pre-bankruptcy prevention.The third chapter is the key chapter.The third chapter is based on the three main parts of bank bankruptcy procedure,taking the function of deposit insurance institutions as the core,Sort out the provisions of the deposit insurance regulations and relevant banking bankruptcy regulations,evaluate the existing institutional functions and point out the issues that have been specified in the practice,and put forward my suggestions.Overall,China's deposit insurance institution has adapted to the world trend to take a composite function,However,due to the imperfect legal provisions of bank insolvency in China,and deposit insurance has been established for a short time,so some operational requirements and institutional authority are not yet clear.For example,When exactly can the deposit insurance organization serve as a takeover organization? What is the scope of authority of the deposit insurer for the takeover and liquidation? There are some suggestions in this paper,such as the establishment of deposit insurance institutions and the CBRC's regulatory coordination mechanism,the definition of the takeover criteria by qualitative and data enumeration,and so on.