China's Banking Prudential Supervision Of The Legal Issues

Finance is the core of entire economy; one country's finance stability relates the country's economy, society and even the international finance, system. As a balance between finance service liberalization and the country's financial control, the prudential supervision and regulation of finance ~arises. From the angle of WTO related laws, the thesis reconsiders the reality development in our country finance trade liberalization advancement, and displays the opportunity and challenge our banks may face under the inexorable trend of liberalization of trade service in fmancial supervision. On the basis of content and characteristic of WTO related laws, we can fred the arrangement for promoting service trade and the prudential regulation, thus look for the legal favorable "good will" restriction in WTO system to reduce the cost of financial supervision. The commercial banks are the main object of supervision and play the vital role .in financial stability. For the foreign capital banks, because of the financial exterior conductivity we should give them the equal treatment as our domestic banks based on ~difference foundation. The thesis takes commercial banks and the foreign capital banks as the main elaboration object, the market access and the withdrawal, market operation supervision..as skeleton, to explore the. constructive system of the prudential supervision of banks in China, which has the profound theoretical and practical significance regarding our banking industry.The thesis consists of the introduction, the main text, divided into three part. Part One makes the introduction to the character and content of the prudential supervision and regulation, and elaborates the necessity and trendofthe prudential supervision and regulation. From the macroscopic angle it is elaborated that under the liberalization trend what strategy response we should adopt to protect the legitimate benefit of our banks.Part Two elaborates the prudential supervision and regulation of market access and withdrawal. The standard for bank principle is the premise and precondition regarding the banking access. To answer the financial liberalization impact, the part also elaborates emphatically the access standard for foreign capital bank and its correlated laws and regulation improvements. Along with our market economy development, the chapter also analyzes and elaborates bank market withdrawal.Part Three elaborates with emphasis the prudential supervision and regulation of bank operation stage. First an overall introduction to the prudential supervision and regulation of bank operation stage is made. Incomplete information is the root of market malfunction, the information disclosure will provide market discipline, and it is the key of the prudential supervision and regulation and advantageous in guarding finance risk. Also the flaw and constructing of information disclosure system is examined unified with Basle related documents. Facing the challenge from foreign capital banks, the chapter also elaborates the prudential supervision and regulation of foreign capital banks, the condition of foreign bank supervision is analyzed and a more systematic realistic frame for foreign capital banks is proposed to expect our banking industry to develop healthily on financial service trade liberalization path in the tide of globalization.