Study On Application Of Prudential Carve-out In The Supervision Of Foreign Banks In China

Although the prudential supervision system of foreign banks is set in accordance with the Basel agreement basically in China, many problems need to be improved. The Prudential carve-out, which should to be used in our domestic laws as soon as possible, is not reflected in relevent laws. How to use this principle of legality is a hart nut to crack to the world, of course including our country. As we know, overusing and abusing this principle will voilate the international trade law. However, using it too cautious cannot protect the rights of our country. For these reasons, the utilize of the prudential supervision system of foreign banks is unsatisfactory in our country, all of which bring about many international disputes. In order to take part in the international financial and trade batter and quicker, solving this issue is sans plus tarder, especially with the end of WTO transition period. The insufficiency of the previous studies on this question leaves space for further research. This article will analyze the prudential supervision system of foreign banks in our country on the basis of the previous studies of prudential carve-out, use the experience of other countries for reference, and get the conceive of proper utilize of the prudential supervision system of foreign banks.