问题外资银行退市法律制度研究
发布时间：2019-07-02 21:13
【摘要】：2008年,美国爆发了影响全球金融业的次贷危机,全球多家著名跨国银行及投资公司受到此次金融危机的影响,破产倒闭,面临退市。2010年7月21日,奥巴马总统签署金融监管改革法案《多德——弗兰克华尔街改革与消费者保护法案》(Dodd—Frank Wall Street Reform and Consumer Protection Act),该法案的通过势必对美国甚至全球金融监管体系产生重大影响。 加入WTO以后,我国金融业与国际金融市场进一步融合,我国承诺给予国民待遇,2006年起,中国银行业对外资开放。目前,世界多家跨国银行已进入中国金融市场,它们的分支机构遍布上海、北京、广州、深圳、厦门、天津等沿海地区。外资银行逐渐成为我国金融体系中的重要组成部分。2008年美国次贷危机引发的全球金融危机,对中国外资银行的影响也是不容忽视的,银行机构解散、撤销关闭、破产等现象必将更为普遍,由此引发的金融风险也必将更为严重。但是我国问题外资银行退市制度的构建还处于初级阶段,现行立法上的缺失,无法为法院提供一个完整的、具有可操作性的法律制度框架,一旦这些外资银行存在经营风险面临退市,我国应当有相配套的法律制度予以处理,合理地安排陷入困境的外资银行机构退市已是当务之急。 全文分五部分。首先对问题外资银行退市制度原理、必要性进行探讨;其次,以此为理论基础,考察西方国家问题外资银行退市法律制度的先进经验以及巴塞尔协议对跨国银行的监管要求,总结实践中的经验与教训;再次,分析目前我国问题外资银行退市制度的缺失,就如何完善我国相关退市制度提出自己的一些见解,比如,解决破产法的域外效力问题,合理确定母国与东道国政府及监管机构在外资银行退市中的作用。最后,总结前人研究成果的基础上,对建立我国问题外资银行退市的配套制度作出系统的安排,在建立适合我国国情的存款保险制度,完善区别对待的最后贷款人制度等方面提出建设性意见。试图提出完善问题外资银行退市法律制度的可行建议,建立一个符合WTO规则的外资银行退市法律制度。
[Abstract]:In 2008, the subprime mortgage crisis affecting the global financial industry broke out in the United States. A number of famous multinational banks and investment companies around the world were affected by the financial crisis, went bankrupt and faced delisting. On July 21, 2010, President Obama signed the Financial Regulatory Reform Act "Dode-Frank Wall Street Reform and Consumer Protection Act" (Dodd-Frank Wall Street Reform and Consumer Protection Act),). The passage of the bill is bound to have a significant impact on the United States and even the global financial regulatory system. After China's entry into WTO, China's financial industry has been further integrated with the international financial market, and China has promised to give national treatment. Since 2006, China's banking industry has been open to foreign investment. At present, many multinational banks in the world have entered the Chinese financial market, and their branches are located in Shanghai, Beijing, Guangzhou, Shenzhen, Xiamen, Tianjin and other coastal areas. Foreign banks have gradually become an important part of China's financial system. The global financial crisis caused by the subprime mortgage crisis in the United States in 2008 can not be ignored, the dissolution of banking institutions, the abolition of closure, bankruptcy and other phenomena will be more common, and the resulting financial risks will be more serious. However, the construction of delisting system of foreign banks in our country is still in its infancy, and the lack of current legislation can not provide a complete and operable legal system framework for the court. Once these foreign banks face delisting at risk of operation, China should have a matching legal system to deal with it. It is urgent to arrange the delisting of foreign banks in trouble. The full text is divided into five parts. First of all, this paper discusses the principle and necessity of delisting system of problem foreign banks, secondly, on the basis of this theory, it investigates the advanced experience of delisting legal system of problem foreign banks in western countries and the supervision requirements of Basle Agreement for transnational banks, and summarizes the experience and lessons in practice. Thirdly, this paper analyzes the lack of delisting system of foreign banks in our country at present, and puts forward some opinions on how to perfect the delisting system of our country, such as solving the problem of extraterritorial effect of bankruptcy law, and reasonably determining the role of home country and host government and regulatory institutions in delisting of foreign banks. Finally, on the basis of summing up the previous research results, this paper makes systematic arrangements for the establishment of the supporting system of delisting of foreign banks in China, and puts forward some constructive suggestions on the establishment of deposit insurance system suitable for the national conditions of our country and the improvement of the lender of last resort system of differential treatment. This paper tries to put forward some feasible suggestions to perfect the delisting legal system of foreign banks and establish a delisting legal system of foreign banks in accordance with WTO rules.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.2;D922.28
[Abstract]:In 2008, the subprime mortgage crisis affecting the global financial industry broke out in the United States. A number of famous multinational banks and investment companies around the world were affected by the financial crisis, went bankrupt and faced delisting. On July 21, 2010, President Obama signed the Financial Regulatory Reform Act "Dode-Frank Wall Street Reform and Consumer Protection Act" (Dodd-Frank Wall Street Reform and Consumer Protection Act),). The passage of the bill is bound to have a significant impact on the United States and even the global financial regulatory system. After China's entry into WTO, China's financial industry has been further integrated with the international financial market, and China has promised to give national treatment. Since 2006, China's banking industry has been open to foreign investment. At present, many multinational banks in the world have entered the Chinese financial market, and their branches are located in Shanghai, Beijing, Guangzhou, Shenzhen, Xiamen, Tianjin and other coastal areas. Foreign banks have gradually become an important part of China's financial system. The global financial crisis caused by the subprime mortgage crisis in the United States in 2008 can not be ignored, the dissolution of banking institutions, the abolition of closure, bankruptcy and other phenomena will be more common, and the resulting financial risks will be more serious. However, the construction of delisting system of foreign banks in our country is still in its infancy, and the lack of current legislation can not provide a complete and operable legal system framework for the court. Once these foreign banks face delisting at risk of operation, China should have a matching legal system to deal with it. It is urgent to arrange the delisting of foreign banks in trouble. The full text is divided into five parts. First of all, this paper discusses the principle and necessity of delisting system of problem foreign banks, secondly, on the basis of this theory, it investigates the advanced experience of delisting legal system of problem foreign banks in western countries and the supervision requirements of Basle Agreement for transnational banks, and summarizes the experience and lessons in practice. Thirdly, this paper analyzes the lack of delisting system of foreign banks in our country at present, and puts forward some opinions on how to perfect the delisting system of our country, such as solving the problem of extraterritorial effect of bankruptcy law, and reasonably determining the role of home country and host government and regulatory institutions in delisting of foreign banks. Finally, on the basis of summing up the previous research results, this paper makes systematic arrangements for the establishment of the supporting system of delisting of foreign banks in China, and puts forward some constructive suggestions on the establishment of deposit insurance system suitable for the national conditions of our country and the improvement of the lender of last resort system of differential treatment. This paper tries to put forward some feasible suggestions to perfect the delisting legal system of foreign banks and establish a delisting legal system of foreign banks in accordance with WTO rules.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.2;D922.28
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