金融机构市场退出法律制度比较略论

商业银行的市场退出会引发公众的信任危机,从而可能导致系统性风险.西方国家商业银行市场退出法律制度有如下基本特征:一是金融监管当局在金融机构市场退出行为中具有重要作用;二是金融机构市场退出多采取购并方式,较少采取破产清算方式;三是重构有问题金融机构的经营机制是市场退出中的重要环节;四是存款保险机构在市场退出中发挥重要作用.目前我国金融机构的市场退出主要有三种制度安排:先接管后合并模式,先合并后关闭模式,先关闭后破产模式.比较中外商业银行市场退出法律制度,可知我国与西方发达国家在市场退出制度基础、市场退出目的、市场退出方式、国家发挥作用、市场退出效率等方面存在差异.我们需借鉴国外相关制度设计和安排,促进我国金融市场的完善和进一步开放.

Simple Remark on the Legal Institution Comparison of Financial Organization Market Withdrawal

The market withdrawal of commercial bank will initiate the crisis of masses credit. This will possibly lead to the systemic risk. There are the following features of the commercial bank market withdrawal legal system in the Western countries: the financial supervising authority plays important role in the financial organizations withdrawing conduct; in the financial market withdrawal, buying and consolidating ways are most adopted but rarely bankrupt and clearing ways are taken; reconstructing the sale mechanism of the financial questionable organization is the important link in the market withdrawal; the deposit organization plays important role in the market withdrawal. Nowadays there are three systemic arrangements in the market withdrawal of our country's financial organizations, they are; Taking over first then consolidating model) consolidating first then closing model; closing first then going bankrupt model. By comparison of the legal systems of the commercial bank market withdrawal of both China and foreign countries, it can be seen that there exists difference in the respects of market withdrawal foundation, purpose, style, efficiency and the role that the state plays. We must perfect and further open our financial market by borrowing the concerned systemic design and arrangements from foreign countries.