A Study on the Legal Framework of Financial institutions non-performing assets made in China

• Main Authors: WU,TUNG-YI, 吳東易
• Other Authors: 王煦棋
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/72685q

碩士 === 東吳大學 === 法律學系 === 107 === Since 2008, in order to minimize the impact of global financial crisis, the mainland China’s government expanded its domestic demand with large loans, resulting in the rising ratio of non-performing loan (hereinafter as NPL) to date. In recent years, mainland China’s overall economic slowdown, the increase in financial NPL, the emergence of shadow banking as well as the rise of online banking has increased the risks faced by Taiwan-invested financial institutions in mainland China. Thus, the objective of this thesis is to discuss the occurrence, status quo and management of NPL in mainland China applying document analysis through the collation, analysis, and comparison of relevant data. Finally synthesizing legal and practical dilemmas to analyze the risk of practices and to propose solutions. In summary, the thesis is structured as follows: Chapter 1 is the introduction of the thesis, stating the motivation, objective, scope, methodology and the expected result, framing the thesis towards the conclusion. The second chapter begins with the evolution of China’s financial market, from its historical evolution towards the generation of problems and current dilemma in the market, while attempting to discover the origin of financial NPL in mainland China through credit checking. Chapter 3 describes why the occurrence of financial NPL in mainland China due to the failure of loans collection will jeopardize the operation of enterprises and financial institution in mainland China. Then in the later part of the 3rd Chapter, the 4th Chapter, and the 5th Chapter, respectively, regarding mainland China’s bankruptcy reorganization, debt restructuring, securitization and credit assignment system of financial non-performing asset, trying to explore other solutions and difficulties of managing financial NPL while providing advises towards mainland China’s systematic deficiency of credit protection using Taiwan’s system, as references for future practices. Chapter 5 conclude the research, summarizing the discovery, suggestion, and prospects for this research.