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On the Construction of China's Deposit Insurance Legal System

Author: ZhouYanYan
Tutor: LiXiuFen
School: Shandong University
Course: Legal
Keywords: Deposit insurance Depositors Deposit insurance legal system
CLC: D922.284
Type: Master's thesis
Year: 2013
Downloads: 92
Quote: 0
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Abstract


Experience shows that any country’s financial institutions are not absolutely safe, there is the risk of failure. Facts have proved that public confidence in bank credit loss and a massive crowd, will directly lead to bank failures. The deposit insurance legal system, is an important part of financial safety net, the goal to set up it is to prevent bank runs, protect the interests of depositors and maintain financial stability. Most countries in the world have realized the importance of this system, have established the deposit insurance legal system.We are still insist on Government implicit deposit guarantee system as deposit insurance system in our country, at present, it is not suitable for the development of economy, financial liberalization and globalization in China. This paper, based on national conditions, from the perspective of theory and positivism, Start from the understanding of the deposit insurance legal system, summarizes the existence and development of deposit insurance legal system, and combining the current situation of our country,then puts forward the necessity of establishing China’s deposit insurance legal system, Based on the analysis of the deposit insurance legal system in the United States and Japan, the purpose is that sums up the significance to our country, finally explores establishing deposit insurance legal system suitable for China’s national conditions.The first part starts from the basic theory of deposit insurance legal system, the historical development of deposit insurance, basic concepts and related theories in dispute are reviewed and then published my own views. The second part discusses the necessity of deposit insurance legal system in China to build. This section introduces the current status of bank regulation-using Government implicit deposit guarantee system, focuses on the disadvantages of this kind of regulation system analysis, in order to further lead to finding the meaning to build market-oriented the deposit insurance legal system in our country, and providing theoretical support from the angle of the value of justice and order. The third part focuses on the comparative study on deposit insurance legal system of the United States, Japan, which are representative countries of the deposit insurance legal system. The United States is the earliest country in the modern sense to establish the deposit insurance legal system and currently it’s operation is the most successful.As Asian countrie, Japan and China are similar with each other in the direction and path of financial reform,so the comparative study has practical guidance and reference significance to establish China’s deposit insurance legal system. Based on the analysis of the deposit insurance legal system in the United States and Japan, found that the rules of the development of the system has the commonness of them, and calculated the enlightenment to establish the deposit insurance legal system in China. The final part of this article proposes the author about the countermeasure and the suggestion of establishing China’s deposit insurance legal system. This part analysises from four angles,including establishing and perfecting legal system, Improving the organization, ensureing operation and creating opportunity, then puts forward the author’s views and propositions.

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Insurance Law
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