As the market economy developing, the bank has more relations with the people, the financial market has more and more functions. Finance is the core of the modern market economy, has huge resource, financial market order directly related to healthy development of the national economy. Banking in the financial system in a country occupies an important position. But, bank is different from company, as the special nature of the banking, for example, it is extremely broad, deep penetration and the proliferation of sexual function. Banking is the nerve core of the national economy and socio-economic regulation, it can affect political national social. In many developed states, the financial system is the important supervised. Bank is being concerned with many national countries. The bank is stable for preventing banking crises, safeguarding the financial system's security and stability, protect the interests of depositors and the community is gradually becoming an important consensus. Due to Chinese bank's problems such as high ratio of Nonperforming and low Capital Adequacy, as the reform of the financial and the open of the bank, competing is becoming more serious, our bank is in the scale. But this is a good challenge to bank crisis salvation for bank and our government legislation.This study analysis on the economy developing value, pay attention to the banking crisis government, banking of the main practical basis, use the wise legal system of developed states, basis on our state condition, build a new preventive and Rescue both of the commercial banking crisis in the disposal system. First, defining the concept on the commercial bank crisis salvation, analysis the commercial banking crisis combined with economy law, economics, finance, and other relevant theories, including the incomplete theory, theory of financial vulnerability theory. Introduce the basic theory of the commercial bank crisis salvation.Second, compared the our state and international commercial banking crisis prevent and salvation legal system, clearly the international financial crisis prevention and relief of the direction and the common trend of China's commercial banking crisis disposal of the status and problems, which was a good reference and inspiration for China's commercial banks crisis prevention and relief of systematic establishment of the legal system to provide useful guidance to the reality of ideas.Third, introduces the conditions and problems of legal system of our commercial banking crisis salvation. In China, the legal system of commercial banking crisis salvation is not perfect, including last resort system, the market withdrawal of bank. The financial need more salvations to prevent crisis, such as disclosure of information and crisis early warning. The bank crisis refers to many depositors, so we need the deposit insurance system.Finally, provides some plans to the legal system of commercial banking crisis salvation. For example, the legislation of commercial bank crisis salvation and deposit insurance system, to achieve effective control of the bank crisis and to prevent the spread of the crisis. |