试论我国存款保险法律制度之构建
发布时间：2018-11-10 23:26
【摘要】：2015年5月1日,《存款保险条例》正式施行,意味着在我国构建存款保险法律制度已经开始正式运行,实现了在我国构建该制度的实质性突破。然而实际上,我国早在2003年就开始酝酿建立存款保险法律制度,2004年底该条例的初稿就已经完成。另外,中国人民银行金融稳定局还专门成立存款保险处,负责推进中国存款保险制度建设。但遗憾的是,该初稿因全球金融危机的影响而搁置,在2009年与2010年,中国人民银行两次尝试上报存款保险方案,这两次尝试均因对时机尚未成熟的考虑而遭否决。然而,在《中国金融稳定报告(2012)》中提出:“推出存款保险制度时机已基本成熟”。在《中国金融稳定报告(2014)》中,更是明确提及建立存款保险制度,完善市场化退出机制。在目前的情况下,对在我国构建存款保险法律制度的研究无疑具有了极强的现实意义。本文分为三个部分。笔者主要运用归纳等逻辑推理方法以及比较分析、文献参考等研究方法对我国构建存款保险法律制度的若干问题进行了研究,试图在对存款保险法律制度有了系统的认识的基础上,对我国的制度构建提出一些自己的看法与构想。第一部分主要是对存款保险法律制度本身的研究,对存款保险制度的概念、产生与发展及现状进行了梳理,从历史的角度分析了存款保险法律制度存在的合理性,世界上越来越多的国家选择构建该制度也反映了此种合理性。第二部分在对我国构建存款保险法律制度的必要性与可行性进行了阐述。不仅对我国构建存款保险法律制度的必要性从各个层面进行了分析,还对为我国构建该制度所必不可少的环境进行了阐述,得出目前我国不但有必要构建该制度,而且已基本具备为构建该制度所需的环境的初步结论。第三部分是对我国构建存款保险法律制度设计的研究,在对该制度可能产生的负面效应及其对策进行了探讨的基础上,结合《存款保险条例》,笔者将构建该制度所涉及的包括存款保险机构、存款保险基金、投保银行、存款保险业务四个方面的主要问题进行了探讨,对我国构建该制度的设计提出了基本构想以及建议。
[Abstract]:On May 1, 2015, Deposit Insurance regulations came into effect, which means that the construction of deposit insurance legal system in our country has already begun to run formally, realizing the substantive breakthrough of constructing this system in our country. However, in fact, China started to establish deposit insurance law system in 2003, and the first draft of this regulation was completed at the end of 2004. In addition, the Financial Stability Bureau of the people's Bank of China has set up a deposit insurance office to promote the construction of China's deposit insurance system. Unfortunately, the draft was shelved because of the impact of the global financial crisis. In 2009 and 2010, the people's Bank of China tried twice to report a deposit insurance plan, both of which were rejected because of premature considerations. However, in the China Financial Stability report (2012), it is suggested that "the time for the introduction of deposit insurance system has been basically ripe". In the China Financial Stability report (2014), it is clearly mentioned that the deposit insurance system should be established and the market-oriented withdrawal mechanism should be improved. Under the present circumstances, the research on the legal system of deposit insurance in our country is undoubtedly of great practical significance. This paper is divided into three parts. The author mainly makes use of inductive logic reasoning method, comparative analysis, literature reference and other research methods to study some problems of constructing deposit insurance legal system in China. On the basis of a systematic understanding of the legal system of deposit insurance, this paper puts forward some views and ideas on the construction of the system of deposit insurance in China. The first part is the study of deposit insurance legal system itself, the concept of deposit insurance system, the emergence and development of the status quo, from the historical point of view to analyze the rationality of the existence of deposit insurance legal system. More and more countries in the world choose to build this system also reflects this rationality. The second part expounds the necessity and feasibility of constructing deposit insurance legal system in our country. This paper not only analyzes the necessity of constructing the deposit insurance legal system in China from various aspects, but also expounds the necessary environment for the construction of this system in our country, and draws the conclusion that it is not only necessary to construct this system in our country at present. And has basically already had the preliminary conclusion that the environment needed for the construction of the system. The third part is the research on the design of the legal system of deposit insurance in China. On the basis of discussing the possible negative effects of the system and its countermeasures, combined with the "Deposit Insurance regulations", The author probes into the four main problems involved in the construction of the system, including deposit insurance institution, deposit insurance fund, insured bank and deposit insurance business, and puts forward some basic ideas and suggestions for the design of the system in our country.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.284
[Abstract]:On May 1, 2015, Deposit Insurance regulations came into effect, which means that the construction of deposit insurance legal system in our country has already begun to run formally, realizing the substantive breakthrough of constructing this system in our country. However, in fact, China started to establish deposit insurance law system in 2003, and the first draft of this regulation was completed at the end of 2004. In addition, the Financial Stability Bureau of the people's Bank of China has set up a deposit insurance office to promote the construction of China's deposit insurance system. Unfortunately, the draft was shelved because of the impact of the global financial crisis. In 2009 and 2010, the people's Bank of China tried twice to report a deposit insurance plan, both of which were rejected because of premature considerations. However, in the China Financial Stability report (2012), it is suggested that "the time for the introduction of deposit insurance system has been basically ripe". In the China Financial Stability report (2014), it is clearly mentioned that the deposit insurance system should be established and the market-oriented withdrawal mechanism should be improved. Under the present circumstances, the research on the legal system of deposit insurance in our country is undoubtedly of great practical significance. This paper is divided into three parts. The author mainly makes use of inductive logic reasoning method, comparative analysis, literature reference and other research methods to study some problems of constructing deposit insurance legal system in China. On the basis of a systematic understanding of the legal system of deposit insurance, this paper puts forward some views and ideas on the construction of the system of deposit insurance in China. The first part is the study of deposit insurance legal system itself, the concept of deposit insurance system, the emergence and development of the status quo, from the historical point of view to analyze the rationality of the existence of deposit insurance legal system. More and more countries in the world choose to build this system also reflects this rationality. The second part expounds the necessity and feasibility of constructing deposit insurance legal system in our country. This paper not only analyzes the necessity of constructing the deposit insurance legal system in China from various aspects, but also expounds the necessary environment for the construction of this system in our country, and draws the conclusion that it is not only necessary to construct this system in our country at present. And has basically already had the preliminary conclusion that the environment needed for the construction of the system. The third part is the research on the design of the legal system of deposit insurance in China. On the basis of discussing the possible negative effects of the system and its countermeasures, combined with the "Deposit Insurance regulations", The author probes into the four main problems involved in the construction of the system, including deposit insurance institution, deposit insurance fund, insured bank and deposit insurance business, and puts forward some basic ideas and suggestions for the design of the system in our country.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.284
【相似文献】
相关期刊论文 前10条
1 刘杰;市场经济呼唤存款保险机制[J];w挛胖芸，
本文编号：2323869
本文链接：https://www.wllwen.com/falvlunwen/jingjifalunwen/2323869.html
