The Establishment And Improvement Of The Risk Aggravation Of Shareholders In Commercial Banks

In January 2018,the China Banking Regulatory Commission issued the "Interim Measures for equity management of commercial banks",Article 19 of which was identified as the germination of the system of shareholders’ exacerbation liability in China.The system of exacerbation liability originated in the United States.The core of this system is that it breaks through the traditional limited liability of shareholders and requires the bank shareholders to help the bank resume its operation by injecting funds and providing guarantees when the bank is facing operational difficulties.Practice has proved that this system is of great benefit to preventing the moral hazard of bank shareholders and maintaining the security and stability of financial order.The development of China’s commercial banks started relatively late.In recent years,private banks have developed rapidly.In reality,there is a lack of supervision.But up to now,the system of increasing shareholders’ responsibility of commercial banks has not been effectively established.The specific performance is as follows: only in some of the less effective legislative documents or rules and regulations,it involves the "obligations of shareholders when necessary",but it is not clear in the form of the term "shareholders’ increased responsibility",the implementation conditions are not clear,the scope of responsibility subject is wide,and the way of responsibility bearing is single.In order to improve the existing supervision system of commercial banks,supplement the deficiency of the system of disregard of corporate personality,prevent the moral hazard in the operation of commercial banks and stabilize the financial order,it is necessary and feasible to construct the system of increasing the liability of shareholders of commercial banks under the existing legislative concept.China should pay attention to the legislative experience of the United States,the European Union,Russia,Japan and other countries,follow the principles of economy and certainty,clearly stipulate the system of shareholders’ exacerbation liability in the commercial bank law,exempt small and medium-sized shareholders from increasing liability,and determine the main shareholders of commercial banks as the subject of liability,from the perspective of the daily life of commercial banks This paper discusses the specific ways to increase the responsibility from the aspects of capital adequacy ratio,commercial banks facing operational difficulties,on the verge of bankruptcy,mergers and acquisitions;strengthens the implementation of supervision and gives commercial banks and major shareholders certain relief channels.