On My Country's Commercial Bank Shareholders' Increased Responsibility System

On July 19,2013,the China Banking Regulatory Commission issued the “Notice on Corporate Governance Guidelines for Commercial Banks”,requiring commercial bank shareholders,especially major shareholders,to undertake continuous capital injection obligations;major shareholders may not hinder other shareholders from replenishing commercial banks or qualifying new shareholders.On June 22,2015,the China Banking Regulatory Commission issued the “Guiding Opinions on Promoting the Development of Private Banks”,requiring private bank promoters to have institutional arrangements for undertaking residual risks.A series of regulatory policies of the China Banking Regulatory Commission indicate that the shareholder's own residual risk system is the starting point for China's implementation of the commercial bank's shareholder aggravated liability system.However,the shareholder's own residual risk system still has the implementation measures lacking the superior law basis,the scope of the implementation subject is too broad,and the method of aggravating the responsibility is single.The legal consequences of violating the commercial bank's shareholder exacerbation liability system are not clear and are not connected with other relevant legal systems.And other regulatory drawbacks.This paper sorts out the development process of the US shareholder's exacerbation liability system in financial holding companies;summarizes the meaning and characteristics of the shareholder's aggravated liability system of commercial banks;explains the reasons for the implementation of the shareholder aggravated liability system in China;and analyzes the positive effects of the commercial bank's shareholder aggravated liability system.Role;reveals the regulatory shortcomings of China's own residual risk system;through the analysis of the legislative effectiveness of the shareholder aggravated liability system in the United States,Japan,the European Union,Russia and the United Kingdom and other countries,the analysis of the United States,the United States and Japan The shareholders' aggravated liability system analyzes the conditions,draws on the useful experience of foreign legislation,and proposes legislative proposals for the construction of China's shareholder aggravated liability system.It mainly includes: in the "Commercial Banking Law",the system stipulates the system of shareholders' aggravated liability;the scope of the main body of the implementation is limited to the major shareholders;in the bank establishment stage,the operation and operation stage,the operational distress stage and the bankruptcy reorganization stage,respectively,a variety of commitments are aggravated.Responsibility: setting administrative responsibility and criminal liability as a legal consequence for the credit account increase system of commercial banks;clarifying the role sharing and division of duties of the regulatory body;establishing judicial review system and administrative relief procedures to supervise the implementation of supervision;The legal relationship between the liability system and the shareholder limited liability system and the bankruptcy reorganization system is linked to each other in the legislative process.