Research On The Legal System Of Bankruptcy And Reorganization Of Commercial Banks

Bankruptcy of commercial banks is an economic phenomenon existing in the development of financial markets and a true reflection of market competition,that is,survival of the fittest.However,taking into account the particularity of commercial banks and their important impact on the economic development of the entire country and the vital interests of the public,including its vulnerability to risks and the huge negative externalities,Countries have adopted a cautious attitude on the bank on the brink of bankruptcy and sought to salvage commercial banks with the hope of rebirth through reorganization.This shows the importance of bankruptcy and reorganization to commercial banks and its establishment is also a reform of the mechanism of interest adjustment.Due to the diversity of the interests of the main body of the reform system,the relationship is more complicated.The main body of creditors,debtors,shareholders and social interests all have different interest demands.However,the conflicts of interest between them also exist.Therefore,it is the design goal of bankruptcy reorganization to coordinate the interests of all parties to achieve the balance of interests.,But also the focus of restructuring.Reorganization is a multi-stakeholder game process.How to better deal with and resolve the conflict between the main body,the concept of balance mechanism is essential.From a practical point of view,the bankruptcy reorganization system has always been the focus of attention in the field of law.The bankruptcy reorganization of commercial banks can not be handled only by ordinary enterprises,but conflicts of interests arise during the handling of the bankruptcy and reorganization of commercial banks,that is,the relationship between creditors and debtors,the interests of creditors and creditors and reorganization parties and social interests,Therefore,seeking a balance of interests is the goal and direction of the reorganization system.Seeing from a whole,finding a balance between fairness and efficiency and balancing the intervention of public power with the autonomy of private law is the legal way to promote the orderly stability of the financial industry.Based on the legal status quo in our country,guided by the concept of balance of interests and based on practical experience,this article explores the conflicts between the various stakeholders in the process of bankruptcy and reorganization under the balance of interest mechanism.In my opinion,the balance of interests is a legal idea and a legislative concept.In the process of reorganization,the idea of balance of interests is the cornerstone of the success of restructuring and has the guiding function.From the aspect of legislation and judicature,the application of the system of reorganization should ensure the balance of multiple interests,achieve the effect of the reorganization of commercial banks through the balance of interests among all parties,save the interests of banks,protect the interests of creditors and safeguard social interests put in effort.The main body of this thesis is divided into four chapters:The first chapter mainly introduces the related theory of bankruptcy reorganization legal system of commercial bank.From the conflict of interests between individuals gradually expanded to conflicts with the community.At the same time,it analyzes the particularity of the commercial bank restructuring and reveals the legal theory of the current restructuring system through reorganization standards and legislative mode.The second chapter clarifies the conflicts of interest of the relevant parties in bankruptcy and reorganization.From the conflict of interests between individuals gradually expanded to conflicts with the community.First of all,it analyzes the bank creditors and the debtors,and secondly,the conflicts among the creditors as the research object.Finally,it analyzes the legal status and legal issues from the perspectives of the parties and the society.The third chapter makes a legal consideration on the balance of interests in the bankruptcy reorganization system of commercial banks.It is the balance of bankruptcy and reorganization that fully reflects how to analyze how to integrate the regulatory system into the balance of intereststheory through in-depth analysis from the basic theory of the balance of interests.At the same time,based on the empirical analysis of the case,the paper summarizes the practical experience and lays the foundation for the realization of balancing.The fourth chapter mainly explores the balance of interests in the bankruptcy and reorganization of commercial banks so as to realize the balance of interests in the operation of the programs.First,seek the balance of interests,combined with China’s legislative status quo and issues proposed for our country’s restructuring system,In the end,the idea of balance of interests is adopted throughout the article,and the concept of realizing the balance of interests in the process of reorganization is put forward,laying the foundation stone for achieving the goal of reorganization.