商业银行破产单独立法研究-经济法专业论文.docxVIP

II II Abstract This paper stands as the first systemic study in China on the specialty of the Commercial Bank Bankruptcy resolution mechanism. The history of the world financial regulation and banking regulation is shadowed with crises. Each improvement in the regulatory mechanism is closely linked to the crises resolution. Thanks to the specialty of banking business, the treatment of commercial banks falls apart from general bankruptcy law. This is enlightening for China in the construction of marketing economy. In order to assist the efforts to install a commercial banks resolution mechanism in China, this paper focuses on such issues as what the specialties of Commercial Bank Bankruptcy resolution are; what legal issues arise therefore; how to understand, evaluate and deal with those issues; what lessons can China draw from there; and lastly but most importantly, how to improve the current legal system in China. Its first and foremost difference is its aim. For general bankruptcy code, the aim is to maximize the creditors’ interests, to treat all creditors equally and fairly, and to ensure an orderly retreat of the failing entities from the market. While for Commercial Bank Bankruptcy resolution mechanism, there is one extra aim, that is, to sustain the public confidence in the banking system and keep the system remain stable. This extra aim is more important than the other two in the case of Commercial Bank Bankruptcy resolution. To fulfill this aim, the judgment of “failing” is neither a liquidity standard nor a balance sheet standard, but a newly introduced regulatory standard. In terms of the legal framework, many countries adopt a special one besides the general bankruptcy code; or special rules for commercial banks resolution in the general bankruptcy code. More than often, it is the regulatory agencies that claim commercial banks’ insolvency. But, as expected, the specialties surely arouse legal disputes. To deal with the commercial banks, regulatory agenc