The Theory and Practice of the Deposit Insurance Legal System

Author: Pan Xiuping
Publisher:
Publish Date: 2005-10-01
Features: This book conducts research on the subjects, objects, and content of the legal relationships in deposit insurance from a legal perspective, drawing on the successful experience of the United States to design China's future deposit insurance system. The book also examines the impact of establishing a deposit insurance system on China's banking regulatory framework and proposes a new banking regulation structure. Most importantly, the book studies the effects of establishing a deposit insurance system on the legal framework for bank insolvency, addressing the issues in China's current bank insolvency practices and designing a new legal framework for bank insolvency. The novel aspects of this book are manifold, as follows:
First, it classifies various types of insurance according to the insurance subject, arguing that deposit insurance falls under liability insurance as a form of guarantee insurance.
Second, it challenges the prevailing view by asserting that the object of the legal relationship in deposit insurance is the bank's obligation to repay deposits to depositors.
Third, it rejects the common doctrine of subrogation in foreign deposit insurance law research, contending that after compensating depositors, the deposit insurance institution enjoys a civil claim for reimbursement.
Fourth, it emphasizes the financial regulatory authority of deposit insurance institutions and proposes various recommendations for reforming China's banking regulatory framework after establishing a deposit insurance system.
Fifth, it focuses on the impact of the deposit insurance legal system on bank insolvency, advocating for the adoption of an administrative procedure-based legal framework for bank insolvency in China after establishing the deposit insurance system.
Sixth, it designs a model for China's deposit insurance legal system.