在市场经济的运行过程中,银行由于其自身的高负债经营、信贷信息的非对称性、经济主体的道德风险等特点易积聚大量的风险,很自然的会因经营失败而陷入困境,甚至退出市场。但与一般的公司、企业不同,银行的破产危险具有传染性,可能会引发支付危机,引起系统性风险,甚至会危及整个金融稳定及金融安全,因此对于银行的破产应采取谨慎的态度,妥善进行处理。与国外各国成熟的破产立法与实践相比,我国在商业银行破产方面的法律规定相当不完善,其中对于监管机构的法律定位尤其不明晰,目前这方面的研究也不充足,使监管机构在银行破产中不能充分、有效的发挥作用。因此,研究监管机构在商业银行破产制度尤其是破产预防制度中的法律定位具有十分重要的意义。 During the operation of market economy, banks are apt to accumulate a great deal of risk due to their own high-liability businesses, the asymmetry of credit information, and the moral hazard of economic agents. Naturally, they are in trouble due to business failures or even withdraw from their business market. However, unlike ordinary companies and enterprises, the bankruptcy risk of banks is contagious, which may trigger a payment crisis, cause systemic risk and even endanger the entire financial stability and financial security. Therefore, we should adopt a cautious attitude towards bankruptcy and properly For processing. Compared with the mature legislation and practice of bankruptcy in foreign countries, the legal provisions of bankruptcy of commercial banks in our country are rather imperfect. Among them, the legal position of regulators is particularly unclear. At present, the research in this field is not enough, Bankruptcy can not fully and effectively play a role. Therefore, it is of great significance to study the legal orientation of the regulatory agencies in the bankruptcy system of commercial banks, especially the bankruptcy prevention system.