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当前我国关于银行破产的规定较为薄弱。德国银行业与我国银行业具有一定的相似性,且其银行破产也是以普通破产法为一般适用,立法模式与我国接近。通过简要探析德国银行破产相关规定,对完善我国银行破产制度提出尽快完善相关法律法规,加大监管部门在银行破产中的话语权,重视破产预防、降低银行破产概率等建议。
At present, China’s banking bankruptcy provisions are weaker. The German banking industry has a certain similarity with the banking industry in our country, and the bankruptcy of the bank is also generally applied by ordinary bankruptcy law. The legislative mode is close to our country. By briefly analyzing the relevant provisions of bankruptcy of German banks, it is proposed to perfect the bankruptcy system in our country as soon as possible to improve the relevant laws and regulations, increase the power of regulators in bankruptcy, attach importance to bankruptcy prevention and reduce bankruptcy probability.