| [Abstract]Commercial bank serves as the special role in market-oriented economy,but it has the same nature with the other enterprises.Most the scholars have reached a consensus that owing to the basic rule "survival of the fittest",the legal system of bankruptcy must be applied to commercial bank.At the international level,due to their respective national conditions,there are some specific differences in the legal system of commercial bank bankruptcy.China has not established the system of bankruptcy of commercial bank up to the present and shows a lack of specific rules in connection with the specificity of commercial bank.Constructing the system of the system of bankruptcy of commercial bank not only resolves bank liquidation,but also defines the rules of bank operation,avoids the risks and ensures the stability of financial market.Effects of cloning overseas institution are no ideal usually because constructing law system must be based on political,economical and cultural background.Hence it is necessary to form the legal bankruptcy of commercial bank in accordance with our specific condition.Bankruptcy Defined, Deposit Insurance and the Model of Bankruptcy Legislation are the most important of all issues. In perfecting the legal system of Chinese bankruptcy process,we should draw on the experience of Britain and the United States and France and establish regulatory norm for bankruptcy defined, phased-led model between administration and justice for the model of bankruptcy legislation. The deposit insurance system should not be implemented immediate because time is not yet ripe. |
