Study Of Bank Insolvency Regimes

Finance is the core of modern economy and the bank is the core of finance. Bank is a member of market economy, which is suitable for the "survival of fittest" rule. Bank bankrupt is very common in developed countries. Various countries formulate bank bankrupt regulates cautiously in view of the huge negative external influence of bank banknipt. These regulates played great role on minimizing the shock to society when bank bankrupting. Till now, there is no bankrupted bank and a special bankrupt law for bank in China. Under the condition of joining WTO, competing with experienced banks that come from different countries, in addition, the high risk of bank and the crisis infectivity between banks, the bank bankruptcy in China is natural. Therefore, establishing Chinese bank bankruptcy law by using for reference from foreign advanced rules is significantly meaningful.The article mainly consists of the preface, the main body and the concluding remarks.The preface makes a general introduction to the significance of the research, research background and content.The main body splits into three chapters:The chapter 1 analyzes the necessity,possibility and the character of bank bankruptcy. The character is the precondition to study the bank bankruptcy system. This part defines the characters of bank bankrupt, extrudes the particularity of bank bankrupt; analyzes the necessity,possibility of bank bankruptcy from marketing,sociology,economics to afford academic foundation for establishing bank bankruptcy.The chapter 2 is an analysis on disposal of bank crises and the status quo of bank insolvency legal system in China. Till now, there is no bankrupted bank and a special bankrupt law for the bank in China. The chapter introduces how to handle crisis incidents of banks in China and analyzes the status quo and defects of legislations about bank bankrupt. In the end of the chapter, author makes a conclusion that it is necessary and very urgent for China to establish and perfect bank bankrupt legal system.The chapter 3 is the most important part of the dissertation. This part introduces how to establish and perfect bank bankrupt law in China. In the light of problems on dealing with bank crises and the status quo of bank bankruptcy legislation, this part explores how to establish legal system of bank in China. This part compares legislative models on bank bankrupt of main countries around the world and discusses choice of China. This; part designs on frame and main context of bank bankrupt legislation in China, such as reasons for bankruptcy, applicant for bankruptcy, bankruptcy liquidation procedure, bankrupt administrant, bankrupt reorganization and asset disposal, declaration about personal bankruptcy property, discharge order of credit in bankruptcy procedure and so on. Doing above all, the author just expects that these will help for the State Council to formulate enforcement measure of financial institution bankruptcy.The conclusion indicates that bank bankrupt is very complex which can't be gone just depending on legislation. Bank bankrupt is affected by the developing degree of home financial market, banking supervision system, administration system, judicial circumstance, supporting system such as deposit insurance system. Only all these factors interact, the bank bankruptcy shall be operated lowly cost and high efficiency.