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当前,信贷业务仍然是我国商业银行的主要业务,信贷业务的开展需要依靠物权法、担保法与合同法等法律法规的保障。目前,我国商业银行在经营过程中仍然面临着不容忽视的法律风险。因此商业银行若要有效规避信贷法律风险,增强风险管理,就必须深入研究我国的金融法律法规。本文首先阐述了我国商业银行信贷风险的表现,即合同规范性风险、流动性风险和政策性风险。又在此基础上从合理运用《物权法》、完善相关法律法规和治理结构等方面,探究了商业银行信贷风险的法律防范措施。希望以此降低商业银行的信贷风险。
At present, credit business is still the main business of China’s commercial banks. The development of credit business depends on the protection of laws and regulations such as property law, guarantee law and contract law. At present, commercial banks in our country are still facing legal risks that can not be ignored in the course of business operation. Therefore, if commercial banks are to effectively evade the legal risks of credit and enhance their risk management, they must study our financial laws and regulations in depth. This article first expounds the performance of China’s commercial bank credit risk, that is, the contract normative risk, liquidity risk and policy risk. On the basis of this, this paper explores the legal precautionary measures of credit risk of commercial banks from the aspects of rational use of “Property Law”, perfecting relevant laws, regulations and governance structure. Hope to reduce the credit risk of commercial banks.