金融机构因经营失败退出市场,是市场竞争的必然结果,在经济发达国家较为常见,亦有妥善而有效的退出机制。随着金融改革开放的逐步深入,我国也出现了一些问题严重、濒临破产倒闭的金融机构,但目前尚无一套系统的、操作性强的处理金融机构市场退出的法律制度。我国应建立和完善现代金融机构市场退出立法所应追求的价值理念,以期为其法律制度的构建提供理论基础。 The withdrawal of financial institutions from the market due to business failures is the inevitable result of market competition and is more common in economically developed countries. There is also a proper and effective exit mechanism. With the gradual deepening of financial reform and opening up, some serious financial problems have emerged in our country and are on the verge of bankruptcy. However, there is no systematic and operational legal system to handle the exit of financial institutions. China should establish and improve the value concept that the market for modern financial institutions should withdraw from the legislation, with a view to providing a theoretical basis for the construction of its legal system.