我国国有商业银行不良资产处置的若干法律问题研究
发布时间：2018-10-05 19:16
【摘要】：随着中国金融业的全面对外开放,国内金融市场将在更大程度上融入全球金融体系,而且外资银行等金融机构的大量涌入,我国国有商业银行必然要面临一场前所未有的激烈竞争和挑战。为了提高国有商业银行的竞争力,我国政府通过各种方式处置、解决国有商业银行的巨额不良资产,取得了一定成效。但是不良资产处置是一项长期的工作,不良资产新增的问题依然存在。尽管在不良资产处置问题上我国出台了一系列的法律和规章,但是,现行的不良资产处置法律制度仍存在缺陷与不足,缺少相应的配套法规,以致在不良资产处置的具体操作中经常出现无法可依的尴尬局面。 本文围绕我国国有商业银行不良资产的现状及成因等问题进行了分析,并对不良资产处置中的若干法律问题进行了思考和研究,提出了要防范和化解我国国有商业银行的不良资产,需要结合我国的实际,并借鉴国外不良资产处置的先进经验,从法律层面来加强和保障不良资产的处置,通过各方的共同努力,推动和完善我国国有商业银行的改革,化解金融风险,促进我国银行业健康有序的发展。 本文主要内容如下： 引言：选题的现实意义以及本文的主要内容和研究方法。 第一章：本章介绍了我国国有商业银行不良资产的内涵及认定,对我国国有商业银行不良资产的现状及成因做了几个层面的分析,并结合我国国情提出不良资产处置的现实意义。 第二章：对国外处置不良资产进行了比较分析,介绍和分析了美国、韩国、波兰处置不良资产的法律制度安排和处置效果等等,并对各国处置不良资产的法律经验作了总结。 第三章：本章对我国国有商业银行不良资产处置中的法律问题进行了研究和思考,重点对金融资产管理公司处置不良资产、债转股、利用外资处置不良资产、资产证券化四个方面存在的法律问题进行了研究,并结合实际提出了一些想法和建议。 第四章：提出对我国国有商业银行不良资产处置的法律对策,分别从制定单独的《金融资产管理公司法》、建立健全债转股法律制度、完善资产证券化的相关法律规定、建立社会信用体系等方面构想,期望从法律上保障不良资产的处置。 结束语：总结本文的主要观点。
[Abstract]:With the full opening up of China's financial sector, the domestic financial market will be integrated into the global financial system to a greater extent, and a large number of foreign banks and other financial institutions will flood in. China's state-owned commercial banks must face an unprecedented fierce competition and challenges. In order to improve the competitiveness of state-owned commercial banks, our government has achieved certain results by solving the huge amount of bad assets of state-owned commercial banks by various ways. But non-performing assets disposal is a long-term work, the problem of adding non-performing assets still exists. Although China has issued a series of laws and regulations on the disposal of non-performing assets, there are still defects and deficiencies in the current legal system for the disposal of non-performing assets, and there is a lack of corresponding supporting laws and regulations. As a result of the disposal of non-performing assets in the specific operation often can not be relied on the embarrassing situation. This paper analyzes the current situation and causes of non-performing assets of state-owned commercial banks in China, and gives some thoughts and studies on some legal problems in the disposal of non-performing assets. In order to prevent and resolve the non-performing assets of state-owned commercial banks in our country, it is necessary to combine the reality of our country and learn from the advanced experience of foreign non-performing assets disposal to strengthen and protect the disposal of non-performing assets from the legal level. Through the joint efforts of all parties, we should promote and perfect the reform of state-owned commercial banks in China, resolve financial risks and promote the healthy and orderly development of our banking industry. The main contents of this paper are as follows: introduction: the practical significance of the topic and the main content and research methods. Chapter one: this chapter introduces the connotation and determination of non-performing assets of state-owned commercial banks in China, and analyzes the present situation and causes of non-performing assets of state-owned commercial banks in China. Combined with China's national conditions, the practical significance of the disposal of non-performing assets is put forward. In the second chapter, the author makes a comparative analysis on the disposal of non-performing assets in foreign countries, introduces and analyzes the legal system arrangement and disposal effect of the disposal of non-performing assets in the United States, Korea and Poland, and summarizes the legal experience of disposal of non-performing assets in various countries. Chapter three: this chapter studies and ponders the legal problems in the disposal of non-performing assets of state-owned commercial banks in China, focusing on the disposal of non-performing assets by financial asset management companies, the conversion of debts into shares, and the disposal of non-performing assets by foreign capital. This paper studies the legal problems in four aspects of asset securitization, and puts forward some ideas and suggestions. The fourth chapter: put forward the legal countermeasures for the disposal of non-performing assets of state-owned commercial banks in China, respectively, from the formulation of separate "Financial assets Management Company Law", establish and perfect the legal system of debt-to-equity conversion, and improve the relevant legal provisions of asset securitization. The establishment of social credit system is expected to guarantee the disposal of non-performing assets. Conclusion: summarize the main points of this paper.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.28;F832.2
[Abstract]:With the full opening up of China's financial sector, the domestic financial market will be integrated into the global financial system to a greater extent, and a large number of foreign banks and other financial institutions will flood in. China's state-owned commercial banks must face an unprecedented fierce competition and challenges. In order to improve the competitiveness of state-owned commercial banks, our government has achieved certain results by solving the huge amount of bad assets of state-owned commercial banks by various ways. But non-performing assets disposal is a long-term work, the problem of adding non-performing assets still exists. Although China has issued a series of laws and regulations on the disposal of non-performing assets, there are still defects and deficiencies in the current legal system for the disposal of non-performing assets, and there is a lack of corresponding supporting laws and regulations. As a result of the disposal of non-performing assets in the specific operation often can not be relied on the embarrassing situation. This paper analyzes the current situation and causes of non-performing assets of state-owned commercial banks in China, and gives some thoughts and studies on some legal problems in the disposal of non-performing assets. In order to prevent and resolve the non-performing assets of state-owned commercial banks in our country, it is necessary to combine the reality of our country and learn from the advanced experience of foreign non-performing assets disposal to strengthen and protect the disposal of non-performing assets from the legal level. Through the joint efforts of all parties, we should promote and perfect the reform of state-owned commercial banks in China, resolve financial risks and promote the healthy and orderly development of our banking industry. The main contents of this paper are as follows: introduction: the practical significance of the topic and the main content and research methods. Chapter one: this chapter introduces the connotation and determination of non-performing assets of state-owned commercial banks in China, and analyzes the present situation and causes of non-performing assets of state-owned commercial banks in China. Combined with China's national conditions, the practical significance of the disposal of non-performing assets is put forward. In the second chapter, the author makes a comparative analysis on the disposal of non-performing assets in foreign countries, introduces and analyzes the legal system arrangement and disposal effect of the disposal of non-performing assets in the United States, Korea and Poland, and summarizes the legal experience of disposal of non-performing assets in various countries. Chapter three: this chapter studies and ponders the legal problems in the disposal of non-performing assets of state-owned commercial banks in China, focusing on the disposal of non-performing assets by financial asset management companies, the conversion of debts into shares, and the disposal of non-performing assets by foreign capital. This paper studies the legal problems in four aspects of asset securitization, and puts forward some ideas and suggestions. The fourth chapter: put forward the legal countermeasures for the disposal of non-performing assets of state-owned commercial banks in China, respectively, from the formulation of separate "Financial assets Management Company Law", establish and perfect the legal system of debt-to-equity conversion, and improve the relevant legal provisions of asset securitization. The establishment of social credit system is expected to guarantee the disposal of non-performing assets. Conclusion: summarize the main points of this paper.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.28;F832.2
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