存款保险机构处理问题银行模式研究
发布时间：2019-05-10 22:36
【摘要】：存款保险制度自创设以来,历经长久发展,逐渐普及于世。这一制度的初衷和核心在于维护存款人的利益和信用秩序。近年来,存款保险机构从传统的赔付人逐渐演变成风险管理人的角色。相应的,除现金赔付功能外,存款保险机构也附加了其他的功能,包括风险管理功能以及处理问题银行的功能。随着银行业金融机构不断发生问题,如何妥善应对并处理,再度成为当代重要课题。因此,本文将对存款保险机构处理问题银行的模式进行研究,通过对已有成果进行梳理,探索其中所涉及的法制问题,并辅以比较法角度的观察,分析和参酌其他国家的成熟制度,以使我国的相关制度更加完备。本文通过界定存款保险机构的目的和功能,肯认其处理问题银行的作用和价值,并通过详细梳理美国和日本两个国家存款保险机构处理问题银行的相关制度,与我国现有制度相对照,得出我国现有制度存在存款保险机构定位模糊、重事后处置轻事前防范、过渡银行制度与接管制度以及问题银行人员不法责任追究制度缺失、处理原则片面等问题,并提出完善的建议。
[Abstract]:Since the establishment of deposit insurance system, after a long period of development, gradually popularized in the world. The original intention and core of this system is to maintain the interests and credit order of depositors. In recent years, deposit insurance institutions have gradually evolved from traditional payers to the role of risk managers. Accordingly, in addition to the cash payment function, deposit insurance institutions also attach other functions, including risk management function and the function of dealing with problem banks. With the continuous occurrence of problems in banking financial institutions, how to properly deal with and deal with them has once again become an important contemporary issue. Therefore, this paper will study the mode of dealing with problem banks by deposit insurance institutions, and explore the legal problems involved by combing the existing achievements, supplemented by the observation from the perspective of comparative law. Analyze and consider the mature system of other countries in order to make the relevant system of our country more complete. By defining the purpose and function of deposit insurance institutions, this paper recognizes the role and value of deposit insurance institutions in dealing with problem banks, and combs in detail the relevant systems of deposit insurance institutions in the United States and Japan in dealing with problem banks. Compared with the existing system in our country, it is concluded that there are vague positioning of deposit insurance institutions in the existing system of our country, emphasis on ex post facto disposal rather than prior prevention, transitional banking system and takeover system, as well as the lack of illegal responsibility investigation system of problem bank personnel. Deal with one-sided principles and other issues, and put forward perfect suggestions.
【学位授予单位】：云南大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.281
，
本文编号：2474050
[Abstract]:Since the establishment of deposit insurance system, after a long period of development, gradually popularized in the world. The original intention and core of this system is to maintain the interests and credit order of depositors. In recent years, deposit insurance institutions have gradually evolved from traditional payers to the role of risk managers. Accordingly, in addition to the cash payment function, deposit insurance institutions also attach other functions, including risk management function and the function of dealing with problem banks. With the continuous occurrence of problems in banking financial institutions, how to properly deal with and deal with them has once again become an important contemporary issue. Therefore, this paper will study the mode of dealing with problem banks by deposit insurance institutions, and explore the legal problems involved by combing the existing achievements, supplemented by the observation from the perspective of comparative law. Analyze and consider the mature system of other countries in order to make the relevant system of our country more complete. By defining the purpose and function of deposit insurance institutions, this paper recognizes the role and value of deposit insurance institutions in dealing with problem banks, and combs in detail the relevant systems of deposit insurance institutions in the United States and Japan in dealing with problem banks. Compared with the existing system in our country, it is concluded that there are vague positioning of deposit insurance institutions in the existing system of our country, emphasis on ex post facto disposal rather than prior prevention, transitional banking system and takeover system, as well as the lack of illegal responsibility investigation system of problem bank personnel. Deal with one-sided principles and other issues, and put forward perfect suggestions.
【学位授予单位】：云南大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.281
，
本文编号：2474050
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