我国商业银行破产法律制度初探

我国《企业破产法》规定包括银行在内的金融机构破产可划分为清算前和清算两个阶段。在清算前阶段,银行监管机构会通过各种救助措施,以避免尚有挽救希望的银行破产。只有当救助无望时,破产银行才会进入破产清算,但在清算程序中应尽量减少损失和避免社会震荡。因此,从银行破产界限和理念角度出发,我国商业银行破产应当从特殊保护主义过渡到以重整为核心的破产预防主义,以破产重整和存款保险为支柱,以社会福利最大化为目标,同时兼顾社会秩序。     

关于地方政府融资平台贷款的深层思考

地方政府融资平台在促进地方经济发展,缓解资金紧张中发挥了特殊的作用,但其融资信贷风险等问题也逐步凸显。文章对地方政府融资平台的各种争论进行了比较研究,并对全面评估和有效防范地方政府融资平台风险提出了建议。     

The civil unrest as an obstacle toward financial development in Georgia, 1991–2007

Georgia has been experiencing robust GDP growth since the Rose Revolution despite its formal financial system remaining critically underdeveloped. This goes against a strongly supported proposition that a country’s economic development is followed by a well-developed and efficient financial system. In this paper we first explain the shallow financial deepening in Georgia and show that the economic growth in Georgia has been driven by such determinants as public spending and construction works mainly supported by foreign debt and FDI inflow. This paper further argues that prolonged civil conflict is one of the critical obstacles toward financial development in Georgia. Bank lending activity is associated with high level of uncertainty stemming from recurrent civil war. Newly privatized commercial banks are excessively cautious in expanding their loan assets to private non-financial corporations due mainly to the banks’ inability to precisely assess borrower’s risk involving not only with individual financial soundness but also with political uncertainty.     

《商业银行法》修订背景下的绿色信贷政策法律化

我国绿色信贷政策约束机制作用显著,也存在实施效果不佳等问题,以立法强化政策实施强制力是较为流行的治理对策。基于绿色信贷的企业社会责任属性和信贷政策实施市场化导向,绿色信贷政策法律化的方向,是因应政策实施市场化机制要求,监管以限制性信贷为重点。政策法律化,既是政策与法律的融合沟通,也是对二者的区分划界。政策法律化应将绿色...     

Buy Today,Pay Tomorrow: Formal Credit Supply and Domestic Electrical and Electronic Goods Consumption in São Paulo's Urban Periphery

Since the beginning of the twenty-first century, expansion of the formal credit supply in Brazil has promoted the ‘financial inclusion’ of the low-income population, especially through instalment plans offered by large retail chains. This article aims to analyse the impacts of formal credit availability on the consumption of electrical and electronic goods by residents of Jardim Helena, a neighbourhood in São Paulo's periphery. Through the collection and analysis of qualitative and quantitative data, this study reveals how the instalment plan can stimulate consumption among the low-income population, with a significant impact on household budgets, raising the risk of indebtedness.     

Mandatory corporate social responsibility and provision of trade credit: Evidence from India

The relationship between corporate social responsibility and trade credit is investigated in this study via the trust (direct) and cash holding (indirect) channels. We discovered that corporate social responsibility and trade credit are strongly correlated, lending support to the trust channel. We also find evidence for the indirect route; particularly, enterprises with high CSR have high cash holdings, which are associated with less trade credit.     

高利转贷罪认定中的几个问题

高利转贷罪由套取信贷资金和高利转贷两个相互关联的行为组成。高利是指高于获取贷款的利率。本罪的故意应包括实施套取信贷资金和高利转贷两部分。在实施套取资金行为时 ,行为人的故意内容是获得信贷资金 ;高利转贷时 ,目的是获取非法利益。这两部分必须密切结合在一起 ,套取信贷资金时 ,行为人已具有通过转贷牟利的目的了。     

China's corporate credit reporting system: A comparison with the United States and Germany

Corporate credit reporting (CCR), which aims at increasing trust in corporates, constitutes an intriguing, yet understudied set of regulatory institutions as it is both a regulatory object and subject at the same time. Differences in national CCR systems pose challenges for multinational companies and have increasingly become a subject of international conflicts on regulatory standards. In this context, the case of China deserves special attention since the country pursues both institutional divergence and convergence with international examples. Hence, the characterization of China's regulatory regime remains difficult. By comparing the institutional context of CCR in China to those in the United States and Germany, this paper sheds light on a specific aspect of China's complex regulatory regime. At the same time, it provides insights into the Chinese manifestation of CCR, which are important for the international business community.