对我国金融机构市场退出制度的法律思考

Legal Reflection on Market Withdrawal of Financial Institutions in China

国外金融机构退出市场有解散、撤销和破产等方式。针对我国立法与实践中的不足,应当尽快建立存款保险制度,健全金融机构破产制度,合理确定政府在金融机构市场退出中的地位,并积极为中小金融机构的发展创造良好的法律环境。

There are many ways for foreign financial instituti ons to withdraw from the market such as disbandment, dissolution and bankruptcy. I n the light of the weakness of China's legislation and practice, we should estab lish the deposit insurance system as soon as possible and amplify the bankruptcy system of financial institutions. At the same time, we should define the positi on of government in the market withdrawal of financial institutions and bring abou t conducive legal environment for the development of small and medium-sized financ ial institutions.