Study Of Chinese Commercial Bank Bankruptcy Law

Under the conditions of market economy, commercial bank insolvency is inevitable as commercial banks have characteristics of high risks and liabilities. Due to bank's important functions in national economy and particularities, most countries have formulated special systems on bankruptcy for bank insolvency rather than let banks fall into bankruptcy procedure without any actions. An effective legal system on bank insolvency shall protect public interests, maintain safety and stability of financial system and build the last safety line for national financial system.During recent more than ten years in China, non of commercial banks has bankrupted, but several financial institutions have fallen in crisis including the closure of some commercial banks with sever problems. With the development of market economy and deepening of financial reform, commercial bank insolvency is objectively inevitable but the status quo of bankrupt legal system in China cannot satisfy practices of bank insolvency. The dissertation, on basis of common theory of commercial bank insolvency law, summarizes experiences in dealing with financial crisis incidents in the past more than ten years in China and explores how to establish bank insolvency law in China.This dissertation applies research methods of combining analysis of exercise and theory, comparison and induction and stresses on commercial bank insolvency law in China. It includes three parts.First part is general theories of commercial bank insolvency law. The concept and particularities of commercial bank insolvency are preconditions of researching this dissertation; therefore this part defines bank insolvency and then points out that it is necessary to making special legislation for banks because of its special functions in national economy. Then this dissertation analyzes the nature and objective of bank insolvency law which points out the direction for establishing relevant legal system in China.The second party is praises on disposal of bank crises and the status quo of bank insolvency legal system in China. Till now, there is no bankrupted commercial bank and special bankrupt laws for banks in China. This part introduces China how to handle crisis incidents of commercial banks and other financial institutions and analyzes the status quo of legislations about commercial bank insolvency. Furthermore, this dissertation makes a conclusion that is necessary for China to establish and perfect commercial bank insolvency legal system.The third part is about issues on how to perfect commercial bank insolvency legal system in China. In the light of problems on dealing with bank crises and the status quo of bank insolvency legislation, this part explores how to establish legal system of commercial bank in China. This part compares legislative models on bank insolvency of main countries around the world and discusses choice of China. This part designs on frame and main context of bank insolvency legislation in China, such as reasons for bankruptcy, bank applicant, bank liquidation procedure, bankrupt liquidator, bankrupt reorganization and asset disposal. Commercial bank insolvency legislation is not isolated. Thus related laws about commercial bank insolvency, such as commercial bank law, banking supervision and regulation law, corporation law, guaranty law, contact law, deposit insurance law and etc., shall be perfected as well to make sure the legislation is effective.