Research On The Commercial Bank Shareholders’ Enhanced Obligation

In 2008,the subprime mortgage crisis led to heavy losses in the financial industry all over the world.After the crisis,the United States,the European Union,Japan and other countries and regions with relatively developed financial industry further established and developed the system of increased shareholder responsibility of commercial banks,and achieved good practical results.In November 2020,China’s Baoshang Bank entered the bankruptcy procedure,which indicates that the history of "too big to fail" of China’s commercial banks has become the past.We will explore the establishment of a crisis resolution and handling mechanism of China’s commercial banks to ensure the sound operation of China’s banking and even the financial system.Since 2020,the outbreak of COVID-19 to our country small and medium-sized commercial Banks asset quality,business operation and profitability negative impact,some small and medium-sized commercial Banks because of weak,poor quality of assets,profitability,capital adequacy,a downward trend,it is difficult to meet the business development needs and regulatory requirements,timeliness and effectiveness of capital added.As a crisis self-rescue mechanism of commercial banks,the system of increased responsibility of shareholders of commercial banks,together with government assistance and market assistance,forms a crisis resolution and disposal system of financial institutions.The system of increased responsibility can play an important role in overcoming the moral hazard of bank shareholders,improving the efficiency of rescue and preventing systemic risks.However,China’s research on the system of increased liability is still very insufficient,it is necessary to conduct in-depth and comprehensive research,for China to build the system of increased liability of commercial banks shareholders to lay a foundation.This paper is divided into six parts.The first part is the basic theory.It is proposed that the system of increased liability for shareholders of commercial banks refers to that shareholders holding a certain proportion of shares break through the boundary of the principle of limited liability and undertake additional responsibilities such as supplemental capital and liquidity support to prevent or rescue the banking crisis according to legal provisions or regulatory requirements.Its essence is the amendment to the principle of limited liability,but does not necessarily make the bank shareholders bear unlimited liability.As the subject of commercial affairs,the increasing responsibility of commercial banks will make a breakthrough in the subject,nature and principle of obligation of commercial law.The second part is the necessity and feasibility analysis.This paper analyzes the necessity and feasibility of breaking through the principle of limited liability and imposing additional liability on shareholders from the aspects of theory and practice.The third part is the comparative study.Based on the example of the United States,the European Union and Japan,this paper introduces the practical experience of the system of increased responsibility and draws lessons from it.The fourth part is the reason and present situation of legislation in our country.This paper analyzes the reasons for the construction of the system of aggravated liability in China,and comprehensively combs the content of the system of aggravated liability in China.The fifth part is the analysis of existing problems and reasons.This paper mainly analyzes the problems existing in the system of aggravated liability in our country and synthetically analyzes the reasons.The sixth part is to put forward suggestions.In view of the existing problems and based on China’s national conditions,this paper puts forward some suggestions to further improve the shareholder liability system of China’s commercial banks.The innovation of this paper is mainly reflected in the viewpoint innovation.First,this paper starts from the purpose of the system of increased liability of commercial banks’ shareholders,and divides it into rescue type and prevention type.Based on the relationship between the subject of responsibility and commercial bank,it can be divided into vertical aggravated liability system and horizontal aggravated liability system.The classification of types is one of the innovations of this paper.Second,this paper analyzes the necessity and feasibility of constructing the shareholder responsibility system of commercial banks from both theoretical and practical aspects.The second point of view of this paper is to discuss the feasibility of constructing the system of increased liability from the perspectives of China’s current legislative concept,legislative technology and regulatory implementation.For the increasing responsibility in our country,the three is unclear boundary problem,put forward according to the set of the minimum requirements of the commercial bank capital adequacy ratio shareholders bear supplementary capital limit,according to the deposit insurance institutions set the remaining after the compensation liability shareholders pay off the debt ceiling,and put forward the shareholders should be carried out between "has an agreement from its agreement,no agreement according to the ownership of" assign responsibility principle,this is the third idea innovation.