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金融风险的特性之一是扩张性,这会直接导致金融机构破产,损害投资人的利益。而我国在《商业银行法》、《证券法》、《保险法》等法律法规对金融机构破产的规定非常零散,《破产法》等法律法规中的规定多为宣示性或者原则性的规定,可操作性不强。因此,我国应采取效率优先的立法模式,将债权人、金融监管机构都纳入申请破产主体,重视和完善破产重整制度,以降低金融风险。
One of the characteristics of financial risk is expansibility, which will directly lead to bankruptcy of financial institutions and damage the interests of investors. However, the regulations of Bank of China, Securities Law, Insurance Law and other laws and regulations on bankruptcy of financial institutions are very fragmented. Most of the laws and regulations such as the Bankruptcy Law are declarative or principled provisions. Operational is not strong. Therefore, our country should adopt the efficiency-first legislative model, including creditors and financial regulators into the subject of bankruptcy, attach importance to and improve the bankruptcy reorganization system so as to reduce the financial risk.