Research On Legal Issues Of China’s Commercial Banking Crisis Salvation Mode

Commercial bank is an important financial institution, which is not remote from oureveryday life, plays a significant part in credit agency, payment medium, credit creation,financial service, and economic regulation and so forth, plays a decisive role position in acountry’s economic system. As a special enterprise managing liabilities for profit, bank isdifferent from company, in addition to part of the reserve on deposit, it has been natural withhigh risk characteristics since the date of birth. Banking crisis is an evidence of the excessesof the risk breakout. It is a most destructive and conductive risk, which could trigger the riskof the entire system, even could affect financial safety, economic growth, and social stabilityof a country. Therefore, how to bail out bank, avoiding the issue turning into a crisis in thebanking system and social unrest, is one of the important issues that is widely concerned allover the world. During the economic transfer, China’s banking industry is with a dilemmabetween complex exterior environment and internal pressure, which is an enormous pressureto our banking reform, and also a strategic opportunity to improve regulatory legislation andbuild a scientific and efficient banking crisis salvation.It has formed kinds of crisis salvation institutions and regime in foreign countries inorder to cope with commercial banking crisis. Different crisis salvation institutions containdifferent salvation objectives and standards, start conditions, leading organizations so thatones demonstrate administrative features or marketing features. Commercial banking crisissalvation modes has divided into administrative salvation mode and marketing salvation modeaccording to different backgrounds of leading part in commercial banking crisis. This paper isbased on differentiate between administrative salvation model and marketing salvation toexplore the role orientation of government subject and private subject in commercial bankingcrisis salvation. The aim is to propose the reasonable and effective advise to complete ourcommercial banking crisis salvation mode and supply theory support with increasing theadministrative salvation efficiency and developing marketing salvation.This paper includes these contents. Firstly, the concept of commercial banking crisis isgiven. And combining with the theory of public goods and information economic theory, ithas analyzed the theory basis of commercial banking crisis salvation and according to thetheory of the relationship between government and market, the differentiate of commercial banking crisis salvation mode is educed as the whole paper’s theory basis. Secondly,administrative salvation mode and marketing salvation mode been investigated, incomparison two aspects with law provisions and actual effect and integrated of practicalexperience in foreign countries, this part has a conclusion favored in our country. Thirdly, ithas pointed out that the main issues in our commercial banking crisis are relying too much toadministrative salvation mode, specific crisis method lacking of strategy and legal norm withrelative measures being deficiency through probing into the current situation and case studiesof commercial banking crisis salvation mode. At last, from the special national condition aseconomic transition period, it promotes advices to completing commercial banking crisissalvation mode so that administrative salvation, self-salvation, peers-salvation shouldcorporate to burden with completing commercial banking crisis salvation and maintainingstability of bank system.