Research On The Legal Issues Of The Disposal Of Non-performing Assets Of Commercial Banks In My Country

NPL is the most important form of commercial banks' non-performing assets.The most direct and effective way to solve it is through legal means,that is,through litigation.As a financial institution,banks have a large number of bad assets,which directly affect the social and economic development and the stability of the society.Through judicial procedure to solve the problem of disposing bad assets of commercial banks,we must force the force of law to prevent the loss of assets of commercial banks to the maximum extent,control commercial risks effectively,and also protect the legitimate rights of debtors in fulfilling their obligations.However,there is no single regulation on the disposal of non-performing assets of commercial banks in China.The relevant laws and regulations are also too scattered.There is a lack of reasonable assessment and effective disposal basis for non-performing assets.Although in current laws and regulations,there are regulations relating to the disposal of bad assets by commercial banks,but there are no specific laws and regulations.At present,in the legislative,judicial and law enforcement level,there are too many limitations for China's commercial banks to dispose of bad assets,such as the limitations of the legislation on the disposal of the limitations,disposal time limitation,transfer object;responsibility of judicial level exist transfer ownership of the non-performing assets,non-performing assets ownership in the process of the transfer of non-performing assets,fuzzy debt transfer process oriented government is overweight;the law enforcement level there is a problem of corporate bankruptcy of commercial banks priority problems and disposal of non-performing assets in the process of equity is lack of specific guidance and regulations.However,when the commercial banks in China are developing gradually with the development of the times,the laws and regulations and legal supervision of commercial banks are becoming more and more perfect.The legislation,the legislative level can broaden the limitations on the disposal of non-performing assets of commercial banks,such as strengthening innovation,disposal,disposal time designated flexible transfer objects release restrictions;justice can improve the level of judicial environment,through laws and regulations clearly escrow behavior legal liability and increase non financial institutions subject status;formulate the law enforcement level to strengthen the laws and regulations of the law enforcement process,such as the promotion of legal guidance in enterprise bankruptcy when the repayment order,clear equity for the disposal of non-performing assets in commercial banks.