| At present,China’s economy is facing the effects of structural adjustment and financial deleveraging,and the economic situation has gradually entered the "new normal" of slowing growth.In the current environment of increasingly stringent economic regulatory requirements,the number of non-performing assets of commercial banks has continued to soar,and the supply of non-performing assets is expected to continue to increase.Then the legal regulation of non-performing assets of commercial banks in disposal will become an important issue in the future.The non-performing assets of commercial banks referred to in this article include not only the non-performing assets inherent in commercial banks themselves,but also the non-performing assets disposed of by commercial banks through transfer methods and then disposed of by asset management companies.This article first introduces the conceptual characteristics of commercial banks’ non-performing assets and analyzes the causes and development trends of non-performing assets.In order to better explain the legal regulation of the disposal of non-performing assets below.Second,By analyzing the current situation of the disposal of non-performing assets of commercial banks in my country and the disposal methods used in the disposal process,we explore the specific legal issues facing the disposal process.Finally,this article puts forward a series of legal countermeasures to solve the above problems in order to better optimize the disposal of non-performing assets of my country’s commercial banks.At present,China’s commercial banks have many problems with weak supervision in the transfer of creditors’ rights during the disposal of non-performing assets,such as abuse of power during the transfer of creditor’s rights,false public and private benefits during the auction process,etc.In addition,there are still long litigation disposal cycles and lack of specialty in the disposal of non-performing assets Applicable laws and regulations for the disposal of non-performing assets,simplification of disposal methods,and higher barriers to market participation,such as disposal difficulties.The dilemma of the disposal of non-performing assets of commercial banks should be fundamentally solved.This article puts forward the following countermeasures and suggestions: First,a supervision mechanism for the transfer of creditor’s rights should be established.By establishing a mechanism for dynamically monitoring the transfer of creditor’s rights and increasing the illegal costs of practitioners,a legal regulation system is established to do a good job before and after the event.Second,we must simplify litigation procedures.By simplifying the collection and delivery procedures,encouraging the realization of collateral rights through special procedures,and leveraging the strength of the legal community to balance the strength of judges in trial execution,the streamlining of non-performing asset cases can be simplified and the efficiency of judicial disposal can be improved.Third,we must establish a system of laws and regulations that specifically apply to the disposal of non-performing assets due to the lack of application of special laws and regulations during the disposal of non-performing assets.Fourth,it is necessary to establish an honest and trustworthy social atmosphere in society by establishing and improving the individual bankruptcy system and social credit system,and reduce the loan non-performing rate from the source.It is hoped that through the efforts of all parties to steadily improve the efficiency and quality of the disposal of non-performing assets,promote the healthy development of my country’s commercial banks,and effectively resolve financial risks. |
