Deposit Insurance Legislation of subrogation repayment priority Summary: Deposit Insurance organizations subrogation repayment priority is the deposit insurance agencies of claims and benefits based on the law of the depositors, after the loss of deposits, its right of subrogation obtained compared with the general creditors have the right of priority for repayment. It comes from the relevant State in 1993, Deposit Insurance Corporation to give priority to repayment of subrogation in favor of deposit insurance fund security and stability, better play the deposit insurance system has protected the interests of depositors and maintain financial stability functions. From a legal point of inspection. Subrogation repayment Deposit Insurance Corporation has a solid legal basis of priority. China is necessary to learn the legislative experience of the United States, giving the deposit insurance agencies of subrogation repayment priority. Deposit Insurance Corporation to give our subrogation repayment priority and the idea of ​​existing law and regulations with the compatibility, but also need our existing Keywords: deposit insurance agency priority legal basis for subrogation legislation Deposit Insurance Fund is a capital and premium income from sources such as the formation of a relatively stable funding, the deposit insurance institutions which play a role in the material basis. In order to protect the deposit insurance system has protected the interests of depositors. Functions to maintain financial stability, national stability of the deposit insurance fund attaches great importance to most of the legislation in the form of operation, management and security issues be clearly defined. United States, as the first country to establish a deposit insurance system, after the last century 80's banking crisis, by enacting a series of reform bills, the deposit insurance system has matured, there are many legislative experience concern for all countries, in the maintenance of deposits security insurance fund, the Deposit Insurance Corporation to give priority to repayment of subrogation practice of particular interest. In the United States, deposit insurance agencies of priority includes two aspects, first, deposit insurance agencies as the liquidator of the closed financial institutions for costs incurred on the liquidation have priority; Second Deposit Insurance Corporation of claims and benefits after the loss of the depositors,tory burch cheap online,I do not mind starting from the middle management _3523, entitled to subrogation repayment priority. I believe that the bankruptcy liquidator is entitled to priority to liquidation expenses of the prevailing practice of States, deposit insurance agencies as the liquidator of the closed financial institution, the costs incurred on the liquidation priority goes without saying, but enjoy the deposit insurance agency under subrogation compensation can not but say that their priorities are very unique, it is necessary to subrogation of insured depository institutions to explore the legislative priority of repayment. a deposit insurance agency concept of subrogation repayment priority translated as On the concept of priority, the by the settlement of rights. I believe that, generally speaking, refers to a specific creditor priority is the immediate requirements of the law entitled to priority over common property of the debtor the right to repayment of creditors. Compared with other security interest, and claims the priority of a statutory nature of the special nature of the two essential features. To this end, the French scholar Cabrillac said priority is law Priority system from Roman law, modern sense of the priority system begins new claims continue to be given priority effect. Deposit Insurance subrogation repayment priority is the priority system, a new member. It originated from the United States in 1993, The terms: a defunct institution depositors (including the Federal Deposit Insurance Corporation. It paid by the holder of deposits made after subrogation) relative to the general creditors have the priority right to be subordinated. Terms and based on the concept of priority referred to above, the deposit insurance agency subrogation Claim can be defined as: the law on deposit insurance agencies by insurers of claims and benefits of the loss of depositors, its right of subrogation obtained compared with the general creditors have priority in getting payment. Second, the deposit insurance agency subrogation repayment priority background, main contents and significance United States Deposit Insurance Corporation have priority repayment of subrogation has its profound historical background . As we all know, the United States in the modern sense of the deposit insurance system from the late 20th century, 20 and 30 That occurred in the early major financial crisis. To restore public confidence in banks to stabilize their financial systems, the United States in 1933 adopted the pursuant to Act, the U.S. federal deposit insurance system was established, followed by the establishment of the Federal Deposit Insurance Corporation (FDIC) Federal Savings and Loan Insurance Corporation (FSLIC, hereinafter referred to federal savings and loan institutions). The Federal Deposit Insurance Corporation and the Federal Savings and Loan Insurance Corporation for almost 50 years after the establishment of the time, the deposit insurance system in the U.S. banking system to maintain stability and promote their development has played an active and important role. During this period the number of bank failures each year not more than 10, only 17 in 1976. However, in the early 80s of last century, the U.S. banking and savings and loan institutions are facing a since the Great Depression from 1929-1933 the most serious financial crisis. 1980 to 1994, 15 years. A 2912 collapse of federally insured depository institutions, the equivalent of every other day there is a collapse, collapse of financial institutions holding assets of 924 billion U.S. dollars, equivalent to a day dealing with 168 million U.S. dollars cash or assets. Participate in federally insured depository institutions, about 1 / 6 is closed or in need of financial assistance, the assets of these institutions accounted for 20.5% of the entire banking system. Serious crisis in the banking sector, the insurance fund deficits, the Federal Savings and Loan Insurance Corporation reserves are depleted, to 1988 the federal savings and loan insurance company's insurance fund has a deficit 78 billion U.S. dollars, when Congress adopted in 1989,timberland italia, Rehabilitation and Enhancement Act Insurance Fund in order to avoid the turbulence caused the shortfall, The 20th century, late 80s, banks and savings and loan crisis peaked in 1988-1992 to 5 years, the bank or savings and loan institutions had an average daily bank or savings and loan collapse, a day into the Federal Deposit Insurance the company's assets amounted to 385 million. In response to a more serious crisis, the United States issued a series of laws. The one hand, the disposal of the new tools provided to supplement the shortfall in the insurance fund. On the other hand through the timely corrective action to reduce disposal costs, reduce spending and other measures to protect the insurance funds from long-term loss. Such as the 1991 long-term loss, the relevant federal regulatory authorities may agree to give 90-day extension; 1991, and Promotion Act, However, most of the Deposit Insurance Fund has a special importance to the United States Congress in 1993 enacted the . assets, debt service on the following five categories in the order; specific order: (1) Federal Deposit Insurance Corporation as a management fee of liquidators occurs; (2) deposit liabilities , including the Federal Deposit Insurance Corporation's secondary claims (ie subrogation); (3) any ordinary or senior debt; (4) Any subordinated debt, controlled deposit-taking institutions, including the common commitment to cross-guarantees for the resulting loss of assessed liabilities; (5) of the shareholders or other indebtedness, including the holding company and its creditors. terms of the content from the above, we can see, the Federal Deposit Insurance Corporation's secondary claims (ie subrogation) is included in deposit liabilities, the ranks of ordinary unsecured creditor claims before. Therefore, we believe, based on this provision, the law gives the Federal Deposit Insurance directly to the company subrogation repayment priority. In summary, it should be said that the deposit insurance agency subrogation repayment priority of the last century 80. Serious crisis in U.S. banking product. In the historical background, its main purpose of legislation is the re-settlement of claims to determine the order of ①, reduce the disposal of Federal Insurance Company and the Trust's disposal costs. However, from today's perspective, the deposit insurance agencies to give priority to repayment of subrogation in order to reduce the cost of legislative significance is still in existence, but when compared to Insurance Fund's stability and security. The movement of insurance funds is: on the one hand by the insured bank deposit insurance premium income stream into the body, on the other hand the exercise of clearing the deposit insurance agency, compensation and other functions, some of the money and out of insurance institutions. In terms of the insurance fund, its largest expense is insured financial institutions in insolvency, the deposit insurance contract by the insured financial institutions to pay deposit losses. While the deposit insurance agencies in the loss of deposits paid, they can according to the principle of subrogation,polo shirt outlet, entitled to the deposit-taking financial institutions the right of subrogation. But the problem is, the deposit insurance agency is often the object of subrogation is insolvent or bankrupt financial institutions, deposits, deposit insurance institutions if the right of subrogation and other claims in the same general order of discharge, this right will lose most of the functions . The Deposit Insurance Corporation to give priority claim of subrogation, which means the deposit insurance agency repayment priority over ordinary creditors, which increases the chance of repayment of deposit insurance institutions and the ratio of insurance fund in favor of recycling. Insurance funds to maintain the stability and security. Second, the functions of deposit insurance system is conducive to play, build a strong financial safety net. Deposit insurance system has protected the interests of depositors, enhance the credibility of the banking system. Safeguard the financial system safety functions. In Western countries, the banking system and prudential supervision, lender of last resort financial regulatory system known as the three lines of defense. The Deposit Insurance Corporation which is the material basis of the role of deposit insurance fund security and stability. Deposit Insurance Corporation to give priority claim of subrogation, the insured depositors of financial institutions, the increased risk of depositor protection; of the insured financial institutions, deposit insurance agencies to give priority for repayment of subrogation rights is conducive to enhance confidence in the banking sector, liquidity in the financial sector difficulties, help to avoid a run on other financial turmoil,MBT schuhe Günstig, the financial system, being able to build a strong financial safety net. Therefore, the deposit insurance agency to give priority for repayment of subrogation rights, the functions of deposit insurance system is conducive to play. three subrogation repayment of deposit insurance agencies the legal basis for priority investigation claims based on the principle of equality, the same number of creditors when the debtor, all creditors from the debtor's total assets be settled in equity, when the debtor's property is insufficient to pay the debts, shall be paid in proportion,mbt online bestellen, while the priority system is a breakthrough in the principle of equality of claims. The reason why the law setting up the priority system, which aims to protect certain creditors in the debtor's property is insufficient to pay off all debt, other creditors have priority over the rights of priority for repayment, thereby safeguarding the interests of that particular person. Therefore, the priority, although the law privileges, but it is not arbitrary and is legal, it reflects the actual existence of the law against the interests of society in conflict to make the kind of value judgments and trade-offs, the most fundamental expression of the value of law appeal, during which implies a profound legal basis. Legislative priority system based primarily on a fair, justice, and safeguard fundamental human rights and the protection of public interests and social interests of law and social philosophy. Although the United States Deposit Insurance Corporation subrogation repayment priority is to deal with the crisis of the product of 80 years, but from the legal point of inspection, it also contains a solid legal basis. Deposit Insurance Corporation subrogation repayment priority system based primarily on the legislation in the following two aspects: 1. Meet priority legal concept of fair implication fair value method , justice, equality, order, efficiency and so on. However, the duty and the essence of law is about the pursuit and realization of justice. Fair, also known as justice, equality, and justice sometimes mixed. From Law in the history of speaking, the principle of fairness is the principle of equality development. Equality is associated with the universality of the law, which requires the same shall be treated equally. But equality is often overlooked issues in real life and complexity of the concrete, resulting in substantial inequality. Is a fair and equal abandon, fair and reasonable in addition to the kernel that contains the principle of equality, but also emphasized that different situations and different people adjust to different laws. Equitable means of legal regulation is diversified, the performance of the method to correct the unfair on other legal value or means of various measures taken, including the equality constraints and beyond. priority system of law is made for equality based on justice and beyond. Deposit Insurance Corporation study subrogation repayment priority, the priority system also contains a fair value of the concept. Deposit Insurance Corporation because subrogation repayment is based on the priority of right of subrogation deposit insurance agency, it is the insurance subrogation the Basic Law in the extension of deposit insurance system. According to the principle of subrogation, deposit insurance agencies of claims and benefits as the insured person's loss of deposits, the deposit-taking financial institutions access to the right of subrogation. and From the point of fairness, it means the deposit insurance agencies in the settlement of the depositors, after the loss of its subrogation should be in the overall settlement of the depositors, and be listed in the settlement of the subrogation of depositor on or pick The following are in violation of the principle of fairness, are not really called The United States in 1993 enacted the Therefore, according to the principle of fairness, financial institutions subrogation Claim priority accordingly. Expressed in the legislation so it is: deposit liabilities, including the Federal Deposit Insurance Corporation's secondary claims. It shows that the Federal Deposit Insurance Corporation is the priority of claims and benefits of the position after the loss of depositors and the original depositors in the same position. 2. Meet the priority implication of the interests, public interest is the ultimate value of the point to individual interests, both consistent. The relationship between the When the two conflict, the Roman scientist Cicero that It is with this philosophy, civil law-based theory of modern society has on modern principles of individual-based civil law was amended, that private interests should be limited public interest. Priority in the priority system of justice charges, tax priority, priority and other non-bankruptcy liquidation expenses do not represent the public interest than private interests, common interests than the interests of the individual values. priority above the law as giving priority to the deposit insurance agency subrogation also contains a Because there is no priority in the case of insured depository institutions subrogation Claim may be an ordinary creditor is in the same pick, and enjoy the same right to payment, deposit insurance agencies to give priority to subrogation, the deposit insurance agency on behalf of the subjects right is subordinated debt repayment before the general, it is sacrificing the interests of ordinary creditors, conditions, and conflict with the interests of ordinary creditors. The reason why the law gives priority to the deposit insurance agency because the deposit insurance system functions play a important task of safeguarding the public interest, and the existence of commercial insurance sector is essentially different. Deposit insurance system from the elements and basic features, the deposit insurance mechanism and operation of the operating mechanism of commercial insurance have similar side, but the deposit insurance is different from the general commercial insurance, it is a social insurance. Its purpose and function of the general objectives of the commercial insurance there is a fundamental difference between functions. The purpose of the business, and commercial insurance to provide protection for the insured at the same time, to chase the highest profit for the purpose of the deposit insurance as a highest goal. In assuming the functions. Most deposit insurance has the dual functions of management and operation, that the deposit insurance agencies in the provision of insurance, but also has the functions of financial management; and more focused on commercial insurance business functions. Deposit Insurance Corporation deposit insurance system as the implementing agency, the specific implementation of the deposit insurance system play an important function of safeguarding the public interest, so the law gives it priority. be noted that, priority is based on the whole fair, protect the weak right to life, and better than the private rights of public power settings and other factors to consider, but a right of priority to a specific made it possible to establish both a legal basis which, it may also have a number of legal basis. Deposit Insurance Corporation study subrogation repayment priority of the legal basis, whether the law from the perspective of equity or the right of priority from the perspective of the public, the legal deposit insurance agencies have reason to give priority to repayment of subrogation, the right to a fair and public work together to build a U.S. priority Deposit Insurance Corporation subrogated repayment priority to a solid legal basis. Fourth, given the subrogation of insured depository institutions, the need for priority repayment of 80s from the U.S. banking crisis and the Federal Savings and Loan Insurance Corporation bankruptcy, we can fully feel, the deposit insurance system as the country's financial safety net of last line of defense, its ability to rescue troubled banks will depend on how much the deposit insurance fund, therefore, to effectively play the function of the deposit insurance agency must pay attention to the deposit insurance fund accumulation and stability. Deposit insurance agencies in the bankruptcy of bank assets to the insurance claim. Deposit Insurance Corporation to give priority to repayment of subrogation, is to protect the deposits insurance fund source methods. The advantage of this priority is from the bankruptcy may help to increase the recoverable amount of bank assets, thereby reducing the accumulation of funds needs. In China, some scholars have suggested that the deposit insurance system in China has just created, as the limited deposit insurance funds and lower fees. Deposit Insurance Corporation should be given priority to repayment of subrogation. Only then can effectively protect the deposit insurance fund in the security, to increase the amount of funds recovered, thereby reducing the charges for insured financial institutions, and ultimately benefit the general depositors. From our current situation, and the future of banking deposit insurance premium rate standard, China's deposit insurance agency to give priority claim subrogation does exist a real need.