The Perfection Of The Taking-Over System Of Our Commercial Bank

Financial sector lays foundation in market economy, and the bank is the core of financial sector. When the bank is in trouble, it not only does harm to bank system, but also threatens the stability of finance and the good development of economy and society. To make the bank out of the trouble and reduce the harm, many countries make measures to save the bank via institutions, then to maintain financial security and social stability. The taking-over system is a very important measure for the authority of financial administration to save the bank out of danger, which makes necessary efforts by taking over the bank in danger to renew the managerial capacity of the bank and maintain the benefit of depositors and shareholders. However, compared with the system of foreign countries, our taking-over system has many defects because of the elementary stage of establishment of the institution, especially when the planned economy exists to interfere with the legal process. Therefore, the article will discuss the perfection of taking-over system of our commercial bank from four aspects.The first part mainly discusses the basic theory of taking-over system. First, the article defines the concept and characteristics of taking-over system of commercial bank, and explains the significance of the system. Second, the function and basic type is described. Third, the article profoundly analyses the basic theories of taking-over system from the aspect of the value of economy and law.The second part mainly studies and analyses the taking-over system of foreign countries. First, the article studies the legal application of taking-over system; second, the article compares and analyses the detailed provisions, and then concludes the advantages of the system in order to design and perfect our own institution.The third part analyses the actual circumstances and problems of the taking-over system of commercial bank in China. Through studying the theory and practice of the taking-over institution in China, the article exposes the main problems of the system and analyses the reasons behind.The fourth part mainly discusses the perfection of taking-over system of commercial bank in China. Through introducing the advantages of the system of foreign countries, the article provides several suggestions to perfect the taking-over system from aspects of the applicant, the criterion, the receiver, the measure, the process and so on.