| Banking financing institution, mean inshore establish in the People's Republic of China of the commercial bank, city credit union, village credit union... etc. absorb the financing institution and the policy bank of public savings. The commercial bank is the main form of the financing institution of the our country banking. Therefore, the market of banking financing institution that this text say withdraws a market of meaning the commercial bank to mainly withdraw namely commercial banks withdraw from the market mean that commercial banks stop managing at certain procedure and clear up creditor's rights, clear up the debt, lose civil right ability and civil capacities, lose legal personality thus withdraw from the market. Its key characteristic is shown as the lapse of the legal personality of commercial banks. According to the will difference of commercial banks withdrawing from the market, the way of market withdrawal can be divided into two kinds: one is a volunteering type, the other is a forcing type .The former is in motion mainly because of merger and acquisition of the banking and the latter means that the commercial bank is dissolved by financial supervision authorities or is declared bankruptcy by the judicial authority. The particularity of the banking and special position in social economic development of commercial banks determined that it is different from comparing the market withdrawal of ordinary enterprises with that of commercial banks. In order to steady financial order and even society order, it is the key to solve the problem of debts properly in the course of market withdrawal of the commercial bank. The implementation of the market withdrawal of commercial bank requires careful legal system to support objectively. Ensuring financial safety and promoting financial developments are the double goals for legal system of the market withdrawal of the commercial bank. |
