Research On The Legal Status Of Deposit Insurance Agency In The Bankruptcy Of Commercial Banks In China

Giving full play to the legal role of deposit insurance institutions in the bankruptcy of commercial banks can not only protect the interests of depositors to the greatest extent,but also help to maintain the stability of financial order and reduce the negative effects of the bankruptcy of commercial banks.Most of the countries and regions with relatively sound legal system of commercial bank bankruptcy attach importance to the role of deposit insurance institutions in the settlement of commercial bank bankruptcy,and entrust deposit insurance institutions with clear legal status through laws.But in China,the legal status of the deposit insurance institution in the bankruptcy of commercial banks is not clear,which leads to the failure of the deposit insurance system and the legal system of the bankruptcy of commercial banks can not be effectively connected,which affects the smooth progress of the bankruptcy of commercial banks.Based on the Deposit Insurance Regulations and the Commercial Bank Law(Draft Amendment Opinions)recently released by the People’s Bank of China in 2020,this paper closely combines the practical experience of risk disposal of Baoshang Bank,Hengfeng Bank and Jinzhou Bank in China since 2019 to study the practical operation status of China’s deposit insurance system.This paper analyzes the institutional causes of the difficulty for deposit insurance institutions to intervene in bank bankruptcy effectively.It is proposed to draw lessons from the legislative experience of the deposit insurance system of advanced countries in the world,improve the deposit insurance legal system and the bankruptcy legal system of commercial banks,and clarify the position of the deposit insurance institution as the supervisor,receiver and liquidator in the bankruptcy of commercial banks.This paper is composed of three parts:introduction,body and conclusion.The body is divided into five chapters:The first chapter mainly discusses the connotation,characteristics and correlation of deposit insurance and commercial bank bankruptcy.It points out the importance of deposit insurance system for the modern financial security and introduces the existing types of deposit insurance in the world.This paper briefly introduces the legislative mode and procedure setting of the bankruptcy system of commercial banks,and clarifies that the bankruptcy system of commercial banks should cover several procedures of bankruptcy prevention,takeover and reorganization,and bankruptcy liquidation of commercial banks.It is pointed out that deposit insurance system and commercial bank bankruptcy system complement and complement each other,and they can resist financial risks by perfecting and joining together effectively.The second chapter analyzes the necessity and feasibility of deposit insurance institutions participating in commercial bank bankruptcy procedures.Based on the particularity of commercial bank bankruptcy,deposit insurance institutions participating in commercial bank bankruptcy has irreplaceable advantages.China’s current social development and institutional construction provide feasible support,and the future direction of legal system reform also echoes with it.The third chapter based on contractor’s bank bankruptcies,analyzes the present situation of the deposit insurance institutions to participate in the commercial bank bankruptcy and the legal system barriers,our country’s deposit insurance fund management company in the contractor’s bank plays an extremely important role in the process of disposal,practical operation and disconnection between the legal system is our country deposit insurance institutions developing practical obstacles.The fourth chapter introduces the functions of deposit insurance institutions in different countries in the bankruptcy disposal of commercial banks and the experience of the construction of the legal system of the deposit insurance system outside the territory.Based on the summary of the experience outside the territory,it gives enlightenment to the reform and improvement of the deposit insurance institutions in China.Fifth chapter discussed in chapter four,on the basis of a foothold in China’s deposit insurance system and the legislative status of commercial bank bankruptcy legal system and practical situation,put forward the establishment of the deposit insurance institution in China as a commercial bank bankruptcy administrator system,clarify the deposit insurance agency in the problem of commercial Banks control and power of the bankruptcy liquidation procedures and bear the responsibility.