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Study Of Modern China, The Commissioner Of Banking Law

Posted on:2002-05-31Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z G MaFull Text:PDF
GTID:1116360032456267Subject:Legal history
Abstract/Summary:PDF Full Text Request
Seven parts compose this treatise. First part, the exordium, refers the original intention of the title-selection, the bedrock of point making, as well as the route of dissertation. To a large extent, the financial crisis of Southeast Asia 1997 fomented the author and his mentor抯 inspiration of this invention. The treatise considers that the banking is a kind of domain to which governments and laws pay most severe regulation and inspection at any times in any society, not only during the period of Keynes 憇 or in time of a country抯 civil or external war, but also during the period of the economic latitudinarianism, indeed inside the nowadays tidal-wave of financial freedom and economic globalization. So it gestates flesh contents to study this problem. The second part of this treatise highlights on the foundation of banking systems, banking legislation, as well as their modernization during modern China. The modern China抯 banking, which was emerged from foreign banks?garrison and Western culture抯 tincture afterwards the Opium War 1840, went through a route entirely dissimilar to the occident banking, which originated from its uprooting commercial circumstance, incarnated emblematical characteristics of economic latitudinarianism. Even though countries such as Prance, Germany and Japan whose banking institution and banking legislation imitated from those of the United Kingdom and the United States had same backgrounds with modern China, they had gradually enge:adered their own banking systems and banking legislation full of single traits. And that modern China mirrored those in the first instance of the United Kingdom, thenceforth Japan, at last the entire Occident world, somewhat consulted Chinese contempt commercial facts, gradually developed its mainland banking system, banking institution and banking legislation which were considerably in advance among precedents of those of then world, although traditional mainland credit organs such as Piaohoa and Qianzhuang refused to reorganize themselves alone with late~t-type bank抯 upsetting all over the China, eventually immersed in the survival extremity and downfall in the financial competition. The third parts treats of the problem of banking regulation system of modern China. The central banks of those times were not endowed with power to regulate banking all the while, so as to regulate banking were the authority of the Ministries of Finance in practice. Notwithstanding the Nanjing Subject Government constituted a regulation system of a gleam of several institutions, one of which is the Four Bank抯 Combination Office (the Central Bank, the Bank of China, the Traffic Bank of China, and the Chinese Peasantry Bank) which was established to the needs of the Second World War, severely exerted its specialists intelligential cultivating efficiency as a super financial regulator, as well as the Exchequer empowered the Central Bank the function to regulate the? finances in segments after the Second World War, the Central Bank was so chilc.ish in regulating banking that it did not undertake the function of a banking regulator in practice all along while the withdrawal of the Four Bank抯 Combination Office result~d~? Synopsis in the shortage of superexcellent culturist of the Central Bank抯 statutory function in 1948. The exchequer抯 function of regulating banking which went against not only the foundation of the Central Bank抯 trenchancy, independence and authority, but also the scattering of benefits entangle between the exchequer...
Keywords/Search Tags:Banking System, Banking Legislation, Banking Modernization, Banking Market admittance, Banking Prudence Regulation, Banking crisis salvage, Currency issuance regulation, State currency credit crisis, Dilemma of central bank
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