The Legal Regulating Of The Theory Of Commercial Bank Group Customer Credit Risk

With the continuous development of market economy and the optimization and upgrading of industrial structure, all kinds of trans-regional, cross-industry enterprise groups have sprung up, they play an important role in the economic life, became the major groups of commercial bank credit business., according to the current group client credit amount accounts for over70%of the total amount of19Banks credit in China. Group clients credit in commercial bank, however, bring huge gains at the same time, its disadvantages also gradually revealed. On the one hand, because of the group customer credit business just started in our country, the market environment is not mature enough, related laws and regulations are not perfect, the provisions of the group clients in the commercial bank credit only referring to specific provision, number of not only little and not system, makes the commercial Banks in the process of conduction business nowhere; Section between affiliated enterprise, on the other hand, virtual trade, smoke escape capital, personality blend, malicious mutual insurance phenomenon occurs frequently, coupled with the commercial Banks to group clients connection transaction identification means backward, easy to cause more than bank credit, excessive credit, such as without effective management of the group customer credit business is likely to cause great losses to the bank. Therefore, at present the research of group clients credit legal regulation is of great significance.Stand in the Angle of the commercial bank’s rights and interests protection, this paper puts forward prevention group customer credit risk of commercial bank is a complex tedious work, not only to accurately comprehensively identify all associated enterprises, but also to the whole process of risk monitoring and early warning, real-time, therefore, need to through legal means to regulate group customer credit risk of commercial bank. This article main ideas as follows: first, based on a comprehensive definition of the client group put forward the group clients need to be control relationship--including assets control and the control, management control and be controlled and family control, in handling credit business of commercial Banks to group clients offers help in identifying difficulties. Related transaction and bank credit in the second place, from two angles summed up the group customer credit risk of commercial bank’s form of connection transaction risk, excess more than credit risk and credit risk. Third, on the basis of the introduction of foreign advanced law, points out that China’s current law in regulating commercial banking group client credit business of deficiency, proposed our country commercial bank should draw lessons from group customer credit business principle of "deep stone" in the United States, Germany, the credit of the combined rule, and put forward from the Angle of legal and commercial bank risk prevention countermeasures and Suggestions of the client group, to protect the interests of the commercial bank as group clients creditors against losses to offer help.