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基于负债经营的特点,银行破产的风险不可避免。因此,如何防范和化解商业银行破产带来的金融风险已成为当前金融监管的重中之重。但我国目前并没有形成比较系统的银行破产法律制度,对监管机构的相关法律规定更是少之又少,这些都极大限制了监管机构在整个银行破产程序中作用的发挥。因此,本文从银行监管机构的基本功能出发,并在研究和借鉴了其他国家银行破产法律制度的基础上,对监管机构在银行破产程序中的权力及其限制进行了讨论。
Based on the characteristics of debt management, bankruptcy risk is inevitable. Therefore, how to prevent and resolve the financial risks brought by bankruptcy of commercial banks has become the most important part of the current financial supervision. However, our country does not form a relatively systematic bankruptcy legal system at present, and there are few relevant laws and regulations on the regulatory agencies. All this greatly limits the role played by regulators in the entire bankruptcy proceedings. Therefore, based on the basic functions of the banking regulatory agencies and based on the research and drawing lessons from the bank insolvency laws of other countries, this article discusses the powers and limitations of the regulatory agencies in bankruptcy proceedings.