Research On The Small And Medium-sized Commercial Bank Shareholders’ Enhanced Obligation

Small and medium-sized commercial banks are an important part of China’s banking system,which are typical representatives of urban commercial banks and rural commercial behaviors.Private capital has become an important part of the capital composition of small and medium-sized commercial banks.Small and medium-sized commercial Banks corporate governance structure has certain particularity,shareholder’s moral hazard is serious,related party transactions,at the same time,based on the recovery and disposal plan in China’s banking industry reality needs,small and medium-sized commercial Banks in our country to establish shareholders increase liability system to a certain extent,helps to reduce shareholders’ moral hazard problem brought by the limited liability system,It is of great significance to promote the healthy development of banking industry.In this paper,legal analysis is the main method,supplemented by economic analysis method.In this paper,some theories and tools of law and economics are used,that is,externality theory and principal-agent theory are used to analyze the problems existing in small and medium-sized commercial banks and to clarify the necessity of aggravating their shareholders’ responsibilities.This paper demonstrates that increasing the liability of small and medium-sized commercial banks’ shareholders is a revision of the limited liability system from the perspectives of legitimacy and legal basis,clarifies that this theory is an institutional arrangement for commercial subjects to break through the limited liability system under specific circumstances,and clarifies the positioning and value of this system in the company law system.This paper sorts out the theory and practice of shareholders’ aggravated liability of small and medium-sized commercial banks in China,and points out that there are some problems such as lack of upper law basis,too broad subject of aggravated liability,single way of responsibility,and unclear legal consequences of violating the system of shareholders’ aggravated liability of commercial banks.Based on the mature experience of foreign countries,this paper puts forward some legislative suggestions on the construction of increasing the liability of the shareholders of small and medium-sized commercial banks in China.First,it sets up the "precaution in advance" rule by presuming the potential subjective malice of the shareholders of the bank and establishing property guarantee.Second,through the time conditions,the subject conditions and the content of obligations and other aspects of the clear provisions,the establishment of "business operation" control rules.The third is to formulate the rules of "compensation and punishment after the event" by specifying the clear legal consequences.The complete construction of the system is helpful to solve the current situation of the mismatch of legal rights and obligations between commercial banks and shareholders,and improve the financial supervision system in China.