Bank Creditor's Rights Protectionlegal Matter Research

Commercial banks are in pursuit of its operating profit target, as well as other businesses. But commercial banks have undertaken a special function in a market economy differently, which is to provide financial support for the main market transactions and capital protection for the normal operation of socio-economic. It is precisely the special status of the bank in socio-economic determines the specificity of the protection of bank claim. Strengthening the protection of bank claim will play an important role in protecting the overall socio-economic operation quality, preventing loss of state assets and cultivating a good credit environment.At present, the protection to bank claims is not well in our country. Substantial businesses evade bank debts through wasting debts maliciously, leaving bank debt vacantly and restructuring enterprises so that banks can not achieve claims. Some individuals also make use of the "opportunity" of imperfection of credit law to avoid the bank claims. The poor credit environment of the whole society and the imperfection of the legal system of our country stimulate the occurrence of these illegal acts and increase the difficulty to achieve the bank debts. In this paper, the purpose of choosing this topic is to analyze the protection of bank claims in the legal system in hope to perfect the related legal system, protect the implementation of bank debt and the health of the banking operation, thereby increasing the operating quality of the overall socio-economic.This paper is divided into the following four parts aside from the introduction and the concluding.First: the overview about the protection of bank claims. First of all, the concept and characteristics is introduced in this part, and then, the band claims is defined, that is the band claims are the right based on lending by banks and legally requesting the borrower or the guarantor who is jointly and severally liable to return the principal and interest on time. Finally, the significance of legal protection of the bank claims is analyzed.Second: the analysis of the principal legal systems about bank claims protection. This part discusses the Company Law, the Enterprise Bankruptcy Law, the Social Credit Law, the Bank Law as well as other legal system which impact the protection of the bank claims, especially discusses the relationship between the legal system and the bank debt, and thus lays the foundation for the third and forth part.Third: the defects of the protection of the bank claims by our country's legal system. This part describes the deficiencies and shortcomings about those five aspects which are the Social Credit Law, the business legal system, the law of social intermediary organizations, the effect of external factors such as the judiciary and bank itself in protecting bank claims in detail for providing a basis for the relevant laws of our country.Forth: the legal countermeasures and perfection about protection of the bank claims. This part proposes the corresponding countermeasures and suggestions in the credit legal system, the business legal system and other aspects according to the deficiencies and shortcomings of protecting the bank claims by the laws in our country. It is hoped that the healthiness and perfection of the legal system can ensure the banks creditor's security and promote the socio-economic development.