我國商業(yè)銀行信貸風(fēng)險法律防控機制研究
發(fā)布時間：2018-11-03 07:57
【摘要】：商業(yè)銀行在一國經(jīng)濟發(fā)展中起著尤為重要的作用,特別是現(xiàn)代社會經(jīng)濟急速發(fā)展的今天,各商業(yè)銀行通過吸儲、放貸等方式為經(jīng)濟社會發(fā)展輸送著血液。經(jīng)濟要想獲得持續(xù)穩(wěn)定快速發(fā)展,商業(yè)銀行在其中的作用不可小覷。而商業(yè)銀行在經(jīng)濟發(fā)展中的中介方式最重要也是最簡單的即是吸儲蓄,放貸,簡而言之為借入,貸出。而在借入、貸出過程中,稍有不慎,即其貸出資金無法按照預(yù)期進行回收,出現(xiàn)大量的死貸、滯貸等問題,則有可能危及該商業(yè)銀行的存續(xù),同時也會對經(jīng)濟社會產(chǎn)生重要的影響,對一國經(jīng)濟金融安全產(chǎn)生不利影響,使經(jīng)濟發(fā)展出現(xiàn)不穩(wěn)定因素。眾所周知,經(jīng)濟的安全關(guān)乎一國之安全。商業(yè)銀行風(fēng)險之癥結(jié)在于如何避免出現(xiàn)資金的回收困難,即貸出資金如何進行及時有效的跟蹤回收,減少銀行滯貸、死貸。必然,我們應(yīng)努力構(gòu)造一個穩(wěn)固且有效的商業(yè)銀行監(jiān)管機制。然而,建立穩(wěn)固有效的商業(yè)銀行監(jiān)管機制的重點即在于建立有效的的商業(yè)銀行信貸防控機制。法律是最為穩(wěn)定有效的調(diào)整機制,其有國家機器作為后盾予以保證實施,且國家法律的制定、修改均需依據(jù)嚴(yán)格的法律程序,不會出現(xiàn)大的、頻繁波動,因而,從法律法規(guī)方面尋求有效的商業(yè)銀行信貸防控機制,非常必要。作者通過對現(xiàn)階段商業(yè)銀行面臨的具有時代特征的信貸風(fēng)險進行研究,并借鑒國外的商業(yè)銀行信貸防控法律實踐,對商業(yè)銀行信貸風(fēng)險做一個系統(tǒng)化認識,結(jié)合法學(xué)實踐之中遇到的個案分析,讓讀者對商業(yè)銀行信貸風(fēng)險有一個清楚明確的認識,再結(jié)合現(xiàn)階段與商業(yè)銀行信貸息息相關(guān)的法律法規(guī),分析現(xiàn)有法律制度存在的對商業(yè)銀行信貸風(fēng)險規(guī)避方面的不足。 從法律的層面對商業(yè)銀行信貸風(fēng)險進行研究,本文主要運用了案例的研究法、文獻研究法再結(jié)合比較研究法等各種研究方法,進行全面的研究。從而為現(xiàn)代社會中商業(yè)銀行信貸防控提出自己的符合社情、國情的意見、觀點。 本文主要分為六個部分進行研究： 第一部分：緒論。闡明了新時期我國商業(yè)銀行信貸風(fēng)險法律防控機制的研究背景、研究該課題對我國現(xiàn)代社會的重要意義,以及國內(nèi)外社會對該課題的研究現(xiàn)狀,并系統(tǒng)描述作者研究該課題選擇的研究方法。 第二部分：商業(yè)銀行信貸風(fēng)險及新時期面臨的挑戰(zhàn)。給商業(yè)銀行信貸出現(xiàn)的風(fēng)險給了一個符合時代發(fā)展特點,具有時代發(fā)展標(biāo)志的內(nèi)涵界定,并全面分析現(xiàn)代社會商業(yè)銀行信貸業(yè)務(wù)風(fēng)險的各類型,出現(xiàn)的各個領(lǐng)域,繼而研究該特點對社會經(jīng)濟發(fā)展帶來的挑戰(zhàn)。 第三部分：法律防范商業(yè)銀行信貸風(fēng)險的必要性及理論依據(jù)。本部分主要研究了法律的特點,法律因其獨具的穩(wěn)定性、法律制裁性、國家保障性等特點,系統(tǒng)研究其在商業(yè)銀行信貸風(fēng)險防控中的重要作用,并進行全面的理論論證。 第四部分：國際社會控制商業(yè)銀行信貸風(fēng)險的法律實踐及經(jīng)驗。通過美國、英國、德國對控制商業(yè)銀行信貸風(fēng)險的法律實踐進行全面分析,并對巴塞爾協(xié)議中對商業(yè)銀行信貸風(fēng)險的法律控制規(guī)范進行研究論證,并進一步進行總結(jié),以期獲得對我國有益且符合我國經(jīng)濟發(fā)展特點的法律防控機制。 第五部分：我國商業(yè)銀行信貸的法律規(guī)制及問題。對我國在商業(yè)銀行信貸方面的法律進行分析,并以案例形式揭露其存在的實踐缺陷,提出存在的問題。 第六部分：完善我國商業(yè)銀行信貸風(fēng)險防控機制的思路與對策。主要研究了我國在完善商業(yè)銀行信貸風(fēng)險法律防控機制上的立足之處,從銀行信貸從業(yè)人員、信貸的基礎(chǔ)管理工作、放貸后的法律跟蹤機制、全程有效的法律監(jiān)管機制等方面提出了經(jīng)濟和法律方面的探索性意見,以及部門規(guī)章制度和外部監(jiān)管方面的建議。
[Abstract]:Commercial banks play a particularly important role in the economic development of a country, especially the rapid development of modern social economy. In order to achieve sustained and stable rapid development, the role of commercial banks in it is not small. While commercial banks are the most important intermediary in economic development, it is the simplest to absorb savings and lend, in short, to borrow and lend. However, in the process of borrowing and loan, it may endanger the existence of the commercial bank and have an important impact on the economy and society at the same time. It has a negative impact on a country's economic and financial security and makes economic development unstable. It is well known that the security of the economy is related to the security of a State. The crux of the commercial bank risk lies in how to avoid the difficulty of recovery of funds, namely, how to carry out timely and effective follow-up and recovery of funds, and reduce the bank's delay and loan. We should strive to construct a stable and effective regulatory mechanism for commercial banks. However, the focus of establishing a stable and effective regulatory mechanism of commercial banks is to establish effective credit control mechanism for commercial banks. The law is the most stable and effective adjustment mechanism, which has the national machinery as the backing to guarantee the implementation, and the formulation and modification of the national laws shall be subject to strict legal procedures, there will not be large and frequent fluctuations, and therefore, It is very necessary to seek effective credit control mechanism of commercial banks from the aspects of laws and regulations. The author studies the credit risk of commercial banks with the characteristics of the times, and draws on the legal practice of credit control and control of commercial banks abroad, makes a systematic understanding of the credit risk of commercial banks, and combines the case analysis in the practice of law. Let the reader have a clear and definite understanding of the credit risk of the commercial bank, then combine the laws and regulations which are closely related to the credit of the commercial bank at the present stage, and analyze the deficiency of the existing legal system to the credit risk aversion of the commercial banks. From the perspective of law, the paper studies the credit risk of commercial banks. This paper mainly uses the research methods such as case study, literature research and comparative research method. To study the credit control of commercial banks in modern society. Point of view. This article is divided into six parts: Sub-study: The first part: Introduction. Clarified the research background of the prevention and control mechanism of credit risk in China's commercial banks in the new period, and studied the significance of the subject to the modern society in our country, as well as the current situation of the research on the subject at home and abroad, and describes the author's study of the course The second part: Commercial bank credit The risk and the challenge faced in the new period. The risk of credit emergence to the commercial bank gives an era development characteristic, has the connotation of the era development logo, and comprehensively analyzes the credit business risk of the modern social commercial bank. each type, occurrence of various fields, and then the characteristics are studied. Challenges to socio-economic development. Part three: Legal protection of commercial silver The necessity and theoretical basis of credit risk are studied in this part. This part mainly studies the characteristics of the law, the law is characterized by its unique stability, legal sanction, national security and so on, and the system studies its weight in the prevention and control of credit risk of commercial banks. The fourth part: the international community control. The legal practice and experience of the credit risk of commercial banks. Through the United States, the United Kingdom and Germany, the legal practice of controlling the credit risk of commercial banks is comprehensively analyzed, and the legal control of the credit risk of commercial banks in the Basel Accord is made. The specification carries out the research and demonstration and further summarizes them with a view to obtaining the beneficial effects to our country. It is in accordance with the legal prevention and control mechanism of our country's economic development characteristics. Part five: The legal regulation and problem of credit of commercial banks in our country. In the form, it reveals the practical defects in its existence, and puts forward the existing problems. The sixth part In order to improve the mechanism of credit risk prevention and control of commercial banks in our country, we mainly study the position of our country's foothold in perfecting the prevention and control mechanism of credit risk of commercial banks. The economic and legal aspects are put forward in the aspects of the basic management of personnel and credit, the legal tracking mechanism after lending, the legal supervision mechanism in the whole process and so on.
【學(xué)位授予單位】：西南財經(jīng)大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2013
【分類號】：D922.281
本文編號：2307181
[Abstract]:Commercial banks play a particularly important role in the economic development of a country, especially the rapid development of modern social economy. In order to achieve sustained and stable rapid development, the role of commercial banks in it is not small. While commercial banks are the most important intermediary in economic development, it is the simplest to absorb savings and lend, in short, to borrow and lend. However, in the process of borrowing and loan, it may endanger the existence of the commercial bank and have an important impact on the economy and society at the same time. It has a negative impact on a country's economic and financial security and makes economic development unstable. It is well known that the security of the economy is related to the security of a State. The crux of the commercial bank risk lies in how to avoid the difficulty of recovery of funds, namely, how to carry out timely and effective follow-up and recovery of funds, and reduce the bank's delay and loan. We should strive to construct a stable and effective regulatory mechanism for commercial banks. However, the focus of establishing a stable and effective regulatory mechanism of commercial banks is to establish effective credit control mechanism for commercial banks. The law is the most stable and effective adjustment mechanism, which has the national machinery as the backing to guarantee the implementation, and the formulation and modification of the national laws shall be subject to strict legal procedures, there will not be large and frequent fluctuations, and therefore, It is very necessary to seek effective credit control mechanism of commercial banks from the aspects of laws and regulations. The author studies the credit risk of commercial banks with the characteristics of the times, and draws on the legal practice of credit control and control of commercial banks abroad, makes a systematic understanding of the credit risk of commercial banks, and combines the case analysis in the practice of law. Let the reader have a clear and definite understanding of the credit risk of the commercial bank, then combine the laws and regulations which are closely related to the credit of the commercial bank at the present stage, and analyze the deficiency of the existing legal system to the credit risk aversion of the commercial banks. From the perspective of law, the paper studies the credit risk of commercial banks. This paper mainly uses the research methods such as case study, literature research and comparative research method. To study the credit control of commercial banks in modern society. Point of view. This article is divided into six parts: Sub-study: The first part: Introduction. Clarified the research background of the prevention and control mechanism of credit risk in China's commercial banks in the new period, and studied the significance of the subject to the modern society in our country, as well as the current situation of the research on the subject at home and abroad, and describes the author's study of the course The second part: Commercial bank credit The risk and the challenge faced in the new period. The risk of credit emergence to the commercial bank gives an era development characteristic, has the connotation of the era development logo, and comprehensively analyzes the credit business risk of the modern social commercial bank. each type, occurrence of various fields, and then the characteristics are studied. Challenges to socio-economic development. Part three: Legal protection of commercial silver The necessity and theoretical basis of credit risk are studied in this part. This part mainly studies the characteristics of the law, the law is characterized by its unique stability, legal sanction, national security and so on, and the system studies its weight in the prevention and control of credit risk of commercial banks. The fourth part: the international community control. The legal practice and experience of the credit risk of commercial banks. Through the United States, the United Kingdom and Germany, the legal practice of controlling the credit risk of commercial banks is comprehensively analyzed, and the legal control of the credit risk of commercial banks in the Basel Accord is made. The specification carries out the research and demonstration and further summarizes them with a view to obtaining the beneficial effects to our country. It is in accordance with the legal prevention and control mechanism of our country's economic development characteristics. Part five: The legal regulation and problem of credit of commercial banks in our country. In the form, it reveals the practical defects in its existence, and puts forward the existing problems. The sixth part In order to improve the mechanism of credit risk prevention and control of commercial banks in our country, we mainly study the position of our country's foothold in perfecting the prevention and control mechanism of credit risk of commercial banks. The economic and legal aspects are put forward in the aspects of the basic management of personnel and credit, the legal tracking mechanism after lending, the legal supervision mechanism in the whole process and so on.
【學(xué)位授予單位】：西南財經(jīng)大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2013
【分類號】：D922.281
【參考文獻】
相關(guān)期刊論文 前2條
1 郭志宏;;淺析我國商業(yè)銀行信貸風(fēng)險管理[J];長沙大學(xué)學(xué)報;2013年01期
2 臧建玲;劉小琦;;關(guān)于國有商業(yè)銀行信貸風(fēng)險及其防范的研究[J];北方經(jīng)貿(mào);2013年03期
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