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Commercial bank insolvency Special Legal Issues

Author: DanShuang
Tutor: LiuShaoJun
School: China University of Political Science
Course: Economic Law
Keywords: Commercial bank Go bankrupt Particularity
CLC: D912.28
Type: Master's thesis
Year: 2005
Downloads: 362
Quote: 11
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Abstract


Survival of the fittest is a law of nature, but also the market economy the objective law, commercial banks as a special enterprise is bound to follow this law, management failed banks through the bankruptcy and other ways to exit the market is the market competition in the inevitable result. Along with our country financial system reform the continuous deepening of, the financial industry the full liberalization of, some operators mismanagement, exist serious problems's bank through the bankruptcy way to the exit market has become inevitable. With the general enterprises compared to, commercial banks having a its remarkable the particularity of, these particularity allows banks in the insolvency on the issue want to applicable with the general enterprise bankruptcy What is different special rules, this article ie, yes on this basis select a few of them particularity Legal Issues Expand the research. Papers from the preface, text and conclusion of three parts, the text is divided into four parts: the first part is the commercial banks particularity understanding. Right commercial banks to particularity analysis is the study whether the banks bankruptcy middle special legal premise of the question, of this part of the introduction for the thesis the following sections of the Expand the lay the foundation for. This section, the author analyzes the bank high debt management features, the banking industry's own vulnerability, the banking crisis infectious and bank failures arising from the strong negative external effects, and thus concludes: It is because banks have these special resistance, which makes the bank failures to apply the general corporate bankruptcy different rules, these special rules together constitute the commercial bank failures in the special legal issues. Second part of the surrounding the bankrupt commercial bank is special legal the problem's primary contents of the - bank bankruptcy's legal applicable problem Expand the exposition. This section introduces the world on bank insolvency law applies both legislative style: that bank failures for ordinary bankruptcy law or a special law applies, and the two legislative style are briefly evaluated. And analysis of the on bank insolvency legislation situation, pointing out the main problems. Finally summed up a four kinds available-for-choose's programs, and integrated all aspects of of factors, select the out the one kinds the most reasonable option. The third part for the banking insolvency salvage regime of middle phase similar take over the with the Reorganization System carry on comparative analysis of. Discusses in detail the two kinds of regime the similarities and differences point, explore the both may occur operationally conflict, respective applicable reasons for and right of both conflict coordinated. Finally, China's actual situation, to clarify our country should be how to takeover and restructuring program to coordinate apply. The fourth section analyzes the commercial banks to enter bankruptcy liquidation procedure applies special rules. Content involves bank's bankruptcy of ability, the reasons for bankruptcy, bankruptcy the applicant; bank bankruptcy liquidation group for elective and duties of the; bank of the insolvency estate allocation principles and allocation sequence, and thus respectively, for The above content analysis of China's legislative status quo and put forward consummate opinions. Conclusion parts: the Syndicated news main text four part of the content, against the author put forward's About the China's banking against bankruptcy law fitness

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