我国商业银行信贷风险法律防控机制研究
发布时间：2018-11-03 07:57
【摘要】：商业银行在一国经济发展中起着尤为重要的作用,特别是现代社会经济急速发展的今天,各商业银行通过吸储、放贷等方式为经济社会发展输送着血液。经济要想获得持续稳定快速发展,商业银行在其中的作用不可小觑。而商业银行在经济发展中的中介方式最重要也是最简单的即是吸储蓄,放贷,简而言之为借入,贷出。而在借入、贷出过程中,稍有不慎,即其贷出资金无法按照预期进行回收,出现大量的死贷、滞贷等问题,则有可能危及该商业银行的存续,同时也会对经济社会产生重要的影响,对一国经济金融安全产生不利影响,使经济发展出现不稳定因素。众所周知,经济的安全关乎一国之安全。商业银行风险之症结在于如何避免出现资金的回收困难,即贷出资金如何进行及时有效的跟踪回收,减少银行滞贷、死贷。必然,我们应努力构造一个稳固且有效的商业银行监管机制。然而,建立稳固有效的商业银行监管机制的重点即在于建立有效的的商业银行信贷防控机制。法律是最为稳定有效的调整机制,其有国家机器作为后盾予以保证实施,且国家法律的制定、修改均需依据严格的法律程序,不会出现大的、频繁波动,因而,从法律法规方面寻求有效的商业银行信贷防控机制,非常必要。作者通过对现阶段商业银行面临的具有时代特征的信贷风险进行研究,并借鉴国外的商业银行信贷防控法律实践,对商业银行信贷风险做一个系统化认识,结合法学实践之中遇到的个案分析,让读者对商业银行信贷风险有一个清楚明确的认识,再结合现阶段与商业银行信贷息息相关的法律法规,分析现有法律制度存在的对商业银行信贷风险规避方面的不足。 从法律的层面对商业银行信贷风险进行研究,本文主要运用了案例的研究法、文献研究法再结合比较研究法等各种研究方法,进行全面的研究。从而为现代社会中商业银行信贷防控提出自己的符合社情、国情的意见、观点。 本文主要分为六个部分进行研究： 第一部分：绪论。阐明了新时期我国商业银行信贷风险法律防控机制的研究背景、研究该课题对我国现代社会的重要意义,以及国内外社会对该课题的研究现状,并系统描述作者研究该课题选择的研究方法。 第二部分：商业银行信贷风险及新时期面临的挑战。给商业银行信贷出现的风险给了一个符合时代发展特点,具有时代发展标志的内涵界定,并全面分析现代社会商业银行信贷业务风险的各类型,出现的各个领域,继而研究该特点对社会经济发展带来的挑战。 第三部分：法律防范商业银行信贷风险的必要性及理论依据。本部分主要研究了法律的特点,法律因其独具的稳定性、法律制裁性、国家保障性等特点,系统研究其在商业银行信贷风险防控中的重要作用,并进行全面的理论论证。 第四部分：国际社会控制商业银行信贷风险的法律实践及经验。通过美国、英国、德国对控制商业银行信贷风险的法律实践进行全面分析,并对巴塞尔协议中对商业银行信贷风险的法律控制规范进行研究论证,并进一步进行总结,以期获得对我国有益且符合我国经济发展特点的法律防控机制。 第五部分：我国商业银行信贷的法律规制及问题。对我国在商业银行信贷方面的法律进行分析,并以案例形式揭露其存在的实践缺陷,提出存在的问题。 第六部分：完善我国商业银行信贷风险防控机制的思路与对策。主要研究了我国在完善商业银行信贷风险法律防控机制上的立足之处,从银行信贷从业人员、信贷的基础管理工作、放贷后的法律跟踪机制、全程有效的法律监管机制等方面提出了经济和法律方面的探索性意见,以及部门规章制度和外部监管方面的建议。
[Abstract]:Commercial banks play a particularly important role in the economic development of a country, especially the rapid development of modern social economy. In order to achieve sustained and stable rapid development, the role of commercial banks in it is not small. While commercial banks are the most important intermediary in economic development, it is the simplest to absorb savings and lend, in short, to borrow and lend. However, in the process of borrowing and loan, it may endanger the existence of the commercial bank and have an important impact on the economy and society at the same time. It has a negative impact on a country's economic and financial security and makes economic development unstable. It is well known that the security of the economy is related to the security of a State. The crux of the commercial bank risk lies in how to avoid the difficulty of recovery of funds, namely, how to carry out timely and effective follow-up and recovery of funds, and reduce the bank's delay and loan. We should strive to construct a stable and effective regulatory mechanism for commercial banks. However, the focus of establishing a stable and effective regulatory mechanism of commercial banks is to establish effective credit control mechanism for commercial banks. The law is the most stable and effective adjustment mechanism, which has the national machinery as the backing to guarantee the implementation, and the formulation and modification of the national laws shall be subject to strict legal procedures, there will not be large and frequent fluctuations, and therefore, It is very necessary to seek effective credit control mechanism of commercial banks from the aspects of laws and regulations. The author studies the credit risk of commercial banks with the characteristics of the times, and draws on the legal practice of credit control and control of commercial banks abroad, makes a systematic understanding of the credit risk of commercial banks, and combines the case analysis in the practice of law. Let the reader have a clear and definite understanding of the credit risk of the commercial bank, then combine the laws and regulations which are closely related to the credit of the commercial bank at the present stage, and analyze the deficiency of the existing legal system to the credit risk aversion of the commercial banks. From the perspective of law, the paper studies the credit risk of commercial banks. This paper mainly uses the research methods such as case study, literature research and comparative research method. To study the credit control of commercial banks in modern society. Point of view. This article is divided into six parts: Sub-study: The first part: Introduction. Clarified the research background of the prevention and control mechanism of credit risk in China's commercial banks in the new period, and studied the significance of the subject to the modern society in our country, as well as the current situation of the research on the subject at home and abroad, and describes the author's study of the course The second part: Commercial bank credit The risk and the challenge faced in the new period. The risk of credit emergence to the commercial bank gives an era development characteristic, has the connotation of the era development logo, and comprehensively analyzes the credit business risk of the modern social commercial bank. each type, occurrence of various fields, and then the characteristics are studied. Challenges to socio-economic development. Part three: Legal protection of commercial silver The necessity and theoretical basis of credit risk are studied in this part. This part mainly studies the characteristics of the law, the law is characterized by its unique stability, legal sanction, national security and so on, and the system studies its weight in the prevention and control of credit risk of commercial banks. The fourth part: the international community control. The legal practice and experience of the credit risk of commercial banks. Through the United States, the United Kingdom and Germany, the legal practice of controlling the credit risk of commercial banks is comprehensively analyzed, and the legal control of the credit risk of commercial banks in the Basel Accord is made. The specification carries out the research and demonstration and further summarizes them with a view to obtaining the beneficial effects to our country. It is in accordance with the legal prevention and control mechanism of our country's economic development characteristics. Part five: The legal regulation and problem of credit of commercial banks in our country. In the form, it reveals the practical defects in its existence, and puts forward the existing problems. The sixth part In order to improve the mechanism of credit risk prevention and control of commercial banks in our country, we mainly study the position of our country's foothold in perfecting the prevention and control mechanism of credit risk of commercial banks. The economic and legal aspects are put forward in the aspects of the basic management of personnel and credit, the legal tracking mechanism after lending, the legal supervision mechanism in the whole process and so on.
【学位授予单位】：西南财经大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.281
本文编号：2307181
[Abstract]:Commercial banks play a particularly important role in the economic development of a country, especially the rapid development of modern social economy. In order to achieve sustained and stable rapid development, the role of commercial banks in it is not small. While commercial banks are the most important intermediary in economic development, it is the simplest to absorb savings and lend, in short, to borrow and lend. However, in the process of borrowing and loan, it may endanger the existence of the commercial bank and have an important impact on the economy and society at the same time. It has a negative impact on a country's economic and financial security and makes economic development unstable. It is well known that the security of the economy is related to the security of a State. The crux of the commercial bank risk lies in how to avoid the difficulty of recovery of funds, namely, how to carry out timely and effective follow-up and recovery of funds, and reduce the bank's delay and loan. We should strive to construct a stable and effective regulatory mechanism for commercial banks. However, the focus of establishing a stable and effective regulatory mechanism of commercial banks is to establish effective credit control mechanism for commercial banks. The law is the most stable and effective adjustment mechanism, which has the national machinery as the backing to guarantee the implementation, and the formulation and modification of the national laws shall be subject to strict legal procedures, there will not be large and frequent fluctuations, and therefore, It is very necessary to seek effective credit control mechanism of commercial banks from the aspects of laws and regulations. The author studies the credit risk of commercial banks with the characteristics of the times, and draws on the legal practice of credit control and control of commercial banks abroad, makes a systematic understanding of the credit risk of commercial banks, and combines the case analysis in the practice of law. Let the reader have a clear and definite understanding of the credit risk of the commercial bank, then combine the laws and regulations which are closely related to the credit of the commercial bank at the present stage, and analyze the deficiency of the existing legal system to the credit risk aversion of the commercial banks. From the perspective of law, the paper studies the credit risk of commercial banks. This paper mainly uses the research methods such as case study, literature research and comparative research method. To study the credit control of commercial banks in modern society. Point of view. This article is divided into six parts: Sub-study: The first part: Introduction. Clarified the research background of the prevention and control mechanism of credit risk in China's commercial banks in the new period, and studied the significance of the subject to the modern society in our country, as well as the current situation of the research on the subject at home and abroad, and describes the author's study of the course The second part: Commercial bank credit The risk and the challenge faced in the new period. The risk of credit emergence to the commercial bank gives an era development characteristic, has the connotation of the era development logo, and comprehensively analyzes the credit business risk of the modern social commercial bank. each type, occurrence of various fields, and then the characteristics are studied. Challenges to socio-economic development. Part three: Legal protection of commercial silver The necessity and theoretical basis of credit risk are studied in this part. This part mainly studies the characteristics of the law, the law is characterized by its unique stability, legal sanction, national security and so on, and the system studies its weight in the prevention and control of credit risk of commercial banks. The fourth part: the international community control. The legal practice and experience of the credit risk of commercial banks. Through the United States, the United Kingdom and Germany, the legal practice of controlling the credit risk of commercial banks is comprehensively analyzed, and the legal control of the credit risk of commercial banks in the Basel Accord is made. The specification carries out the research and demonstration and further summarizes them with a view to obtaining the beneficial effects to our country. It is in accordance with the legal prevention and control mechanism of our country's economic development characteristics. Part five: The legal regulation and problem of credit of commercial banks in our country. In the form, it reveals the practical defects in its existence, and puts forward the existing problems. The sixth part In order to improve the mechanism of credit risk prevention and control of commercial banks in our country, we mainly study the position of our country's foothold in perfecting the prevention and control mechanism of credit risk of commercial banks. The economic and legal aspects are put forward in the aspects of the basic management of personnel and credit, the legal tracking mechanism after lending, the legal supervision mechanism in the whole process and so on.
【学位授予单位】：西南财经大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.281
【参考文献】
相关期刊论文 前2条
1 郭志宏;;浅析我国商业银行信贷风险管理[J];长沙大学学报;2013年01期
2 臧建玲;刘小琦;;关于国有商业银行信贷风险及其防范的研究[J];北方经贸;2013年03期
，本文编号：2307181
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