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金融机构作为市场的重要参与主体,在竞争规律的作用下,也可能出现经营困难、不能清偿到期债务的情况,此时其也应当遵从优胜劣汰的法则,保证不良金融机构能够及时退出市场,避免产生更大的风险。本文从金融机构破产的相关概念的界定入手,通过分析我国金融机构破产的特殊性来剖析其中所存在的问题,为构建一个符合我国基本国情的金融机构破产制度梳理思路,以求能对正在探索中的金融破产制度有所裨益。
As an important participant in the market, under the law of competition, financial institutions may also have difficulties in operation and can not pay off debts due. In this case, they should also comply with the principle of survival of the fittest to ensure that bad financial institutions can withdraw from the market promptly and avoid Produce greater risk. This article starts with the definition of the related concepts of bankruptcy of financial institutions, analyzes the problems existing in it by analyzing the particularity of the bankruptcy of financial institutions in our country, combs the train of thought for building a bankruptcy system of financial institutions in line with China’s basic national conditions, In the financial bankruptcy system is helpful.