【作者】 王烁；

【导师】 徐卫东；

【作者基本信息】 吉林大学 ， 民商法学， 2008， 硕士

【摘要】 随着金融体制改革的深入,建立适合我国国情的显性存款保险制度已经成为社会各界关注的焦点。从现实来看,一方面,我国长期以来实行隐性存款保险制度,即国家对存款提供全额保障,已经不再适合我国的国情;另一方面,建立显性存款保险制度已成为近几十年世界银行制度改革和发展的重要趋势之一。本文尝试通过对存款保险制度的概念、功能、性质的分析,与国外相关立法的比较,研究存款保险在我国建立的必要性,并在此基础上提出我国建立存款保险制度的基本框架,即设立独立的存款保险股份公司作为保险人,使其具有收取保费、监控风险、破产处置和存款赔付的功能,并把相关银行纳入到存款保险体系中来,最终建立一个符合我国国情、顺应世界金融体系发展方向的存款保险制度。更多还原

【Abstract】 Along with the deepening of China’s reform of the financial system after China’s entry into WTO as well as the increased risk of the financial system, to prevent and resolve systemic financial risks, currently China’s theoretical circles are seriously studying the deposit insurance system, with a view to the successful establishment of the deposit insurance system in China. As China’s current government pay for the implicit deposit insurance system, in which there are many drawbacks, the establishment of dominance of the deposit insurance system has been imminent.This paper firstly introduces some factors of DIS such as content, concept, characteristic, operating and so on. By comparing the DIS indifferent countries and regions, we get some experiences and suggestions. Not only explores the related theories of DIS, this paper but also analyzes has its negative erected. It expounds the relationship between DIS and financial stability, financial development, which supplies foundation for policy suggestions.This paper is divided into four parts.The first part is about the basic principles of deposit insurance. Deposit insurance is insurance in a special form, that is by a certain percentage of the absorbed deposits of the bank to pay the deposit insurance agencies deposit insurance, when the insured banks meet a crisis, unable to return deposits to depositors, the deposit insurance agencies insured banks to provide financial assistance, or to make payment directly. Deposit insurance system has broad and narrow meaning. Legal deposit insurance system is that in order to protect the legitimate rights and interests of customer deposits, safeguarding the security and stability of the financial system, according to the law a country or region by setting up one or more specialized deposit insurance institutions offers it for the bank’s absorption of public funds. Generalized the deposit insurance system, including the recessive and dominant deposit insurance system, and the narrow refers only to the dominant one. The first country that established a relatively complete credit with the national deposit insurance system is the Czech Republic, China’s banks has also got a mutual assistant safety system inter-industrially at the beginning of the 19th century .Since Bank of the United States in 1933 established the deposit insurance system, especially after the 1960s, countries all over the world successively set up the various characteristics of the deposit insurance system. The direct functions of deposit insurance are to protect the interests of depositors, to supervise, assist and dispose the insured financial institutions, and to maintain the entire banking internal security and stability; while the indirect features are to stabilize the monetary system, to promote social welfare, improve the operation of the market efficiency. The nature of deposit insurance belongs to the commercial insurance and liability insurance.The second part of the deposit insurance is about the contract. In the deposit insurance contract, insurance agencies are insurers, banks are the policyholder, the insured, and depositors are not the beneficiaries. All countries have their own currency deposits of domestic residents and non-resident deposits to be insured, and most of the banks according to its geographical location to determine the object of insurance. Deposit insurance agencies can take responsibility for the insurance commitment form including the following: relief Bank, the purchase of assets and debt sustainability, and the overall transfer of the banks to establish bypass Bank, the transfer of deposits. In the process of running the deposit insurance system, it may have a series of negative returns, which mainly can be showed by that the real economic life may trigger moral hazard and adverse selection problems.The third part is about the several important issues in the deposit insurance. First, banks are mainly embodied in the enjoyment of the salvage rights; the obligations are mainly the following: payment of the premium, prudent management, reporting and inspection. Deposit insurance agency mainly has underwriting, premium collection, management, supervisory power, punishment, disposal and liquidation as its rights; deposit insurance agency’s obligations are mainly to aid banks, to pay the deposit for the bankrupt bank depositors. Second, the rights of the deposit insurance agencies to the supervision of banks are reflected by the power of penalty including the right to refuse coverage, to issue a prohibition order, the replacement order or to terminate the directors, managers and suspension of insurance and so on, and that of inspection, which includes the right of the scene examination and off-site inspections. Third, the reserve system and the central bank lender of last resort system cannot properly resolve all banks in the course of business and the difficulties encountered, only the deposit insurance system can redeem the above two defects, so that protect the interests of depositors.The fourth part is about the building of the deposit insurance system in China. China should establish a deposit insurance system, the reasons are as follows: First, China’s banks rely heavily on the national credit, the state-owned commercial banks capital adequacy ratio is very low, non-performing loans are huge, asset structure is unreasonable and risky, and it is lack of good market withdrawal mechanism. Secondly, China’s existing implicit deposit insurance system has many drawbacks such as inadequate to achieve policy objectives, low efficiency of the resource allocation, obstacles for the restructuring of the banking market. Therefore, China should establish a deposit insurance system and have independent deposit insurance company shares as insurers, because they are not subject to pressures of the Government, operate market-orientedly and enhance the efficiency of the deposit insurance system, match with the market mechanism. And the establishment of the National Unity of the deposit insurance system, reduction of the dependence of local financial institutions to local governments, will help to speed up China’s administrative system and the pace of reform of the financial system. China’s deposit insurance joint-stock companies should have the functions of collecting premiums, controlling risks, disposing of bankruptcy and paying of deposit. China has taken the necessary and compulsory means that all deposits of all financial institutions must participate in the deposit insurance. All of the banking institutions are included in the scope of deposit insurance, which will help to achieve the goal of mutual assistance, and jointly maintenance of the stability of the financial order. Four major state-owned banks, foreign banks should be incorporated into the deposit insurance system; however, the rural credit cooperatives should not be included in China’s current deposit insurance system. China’s deposit insurance business scope should consist of, the domestic currency, regular foreign currency and demand deposits should be collected in accordance with the state’s legal deposit interest rates of financial institutions; institutions deposits, with deposits, the financial deposits, etc. are not covered. China’s insurance premium rates should be depending on the risk levels. In view of China’s national conditions and the protection of the depositors’interests we should implement the standard of 95 percent of the payment.更多还原