商業(yè)銀行接管法律制度研究.pdf

1、安徽大學(xué)碩士學(xué)位論文商業(yè)銀行接管法律制度研究姓名：陳煬申請(qǐng)學(xué)位級(jí)別：碩士專業(yè)：法律指導(dǎo)教師：張宇潤(rùn)2010-04IIAbstract Chinese commercial banks are faced with great challenge that never existed before, especially after China joined WTO. As a remedial me

2、asure for rescuing distress banks, receivership can avoid or reverse credit crisis effectively and recover normal management, so as to reduce or avoid social shock for the bankrupt. And also, as one of

3、 “ the main three crisis remedy systems” , which consists of “ the lender of last resort”and “ the deposit insurance”as well, receivership is playing an important role in rescuing distress banks

4、. Receivership system originated from the GB in 1970s, after that, many countries established receivership system for distress banks one after another. Also, legislative body of China worked out

5、 a few clauses about it, but there is much to be improved. Firstly, the standard of receivership system is obscure, as a result, the administrator can’ t interfere in at the proper time, and

6、 also it may lead to abuse of administrative power; secondly, the administrative procedure is blank, which run counter to the justice value of law; thirdly, there’ s no rule about the receive

7、rs and remedy measures, consequently, the system can’ t give of its best; lastly, the legal responsibility is on absence, which should be responsible for the legal implement. In consideration of

8、 the unprecedented opportunity and challenge, and in order to ensure the financial order and the economic stability of China, we are badly in need of establishing a perfect Receivership system

9、 based on advanced experience abroad. In addition, with the purpose of strengthening the role of Receivership system, some relative systems must be established or perfected as well. Key Words: