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Legal Issues Of Foreign Banks In Risk Control Study

Posted on:2004-12-31Degree:DoctorType:Dissertation
Country:ChinaCandidate:W G CengFull Text:PDF
GTID:1116360122970034Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Opening to the outside world is our country's basic policy. With the development of globalization of world economy, international finance grows further. China has been opening the financial market gradually for the sake of economic development. Introduced foreign-founded banks have brought to China both promotion to our economic development and financial risks which have seriously threatened the stability of our financial system as well as the sustainable development of our economy. As China has entered WTO, the financial market will open wider, the amount of foreign-founded banks introduced will increase greatly, and operating restrictions will be further reduced. Thus, it becomes an important issue of controlling the risks brought by foreign-founded banks and solutions are immediately required. In our country, since foreign-founded banks have come in with our policy of reform and opening, certain experience of controlling the risks of foreign-founded banks has accumulated and relevant legislation has been made. However China has not finished shifting from planning economy to market economy, so it will take a long time perfecting our financial legislation. The fact is that due to various reasons, there is much room for our legislation on foreign-founded banks risks control to improve. The author attempts to discuss about the theoretical foundation for controlling foreign-founded banks risks and the legal system and legislative practice on this theme in foreign-founded countries through analysis of basic issues on foreign-founded banks risks control, on this basis then contemplates the perfection of our legislation on foreign-founded banks risks control in the light of current situation of our controlling of them, and explores the legislation of this field which suits our national conditions. Then this paper, complying with the world trend, puts forward the policies and legal measures on enhancing our ability of controlling foreign-founded banks risks and suggestions on constructing our legal mechanism of controlling them. Foreign banks risks control and related legal issues have rich content consisting of basic issues of foreign-founded banks risks control, economic and political foundations for foreign-founded banks risks control, and the legal system and legislative practice on foreign-founded banks risks control in other countries as well. Form the view of perfecting this system, the perfection of the legal system of controlling foreign-founded banks risks involves so many aspects as legislation, law-enforcement, law-abiding, etc. Since this essay focuses on the perfection of legal system on foreign-founded banks risks control in China as a developing host country, the author probes into legal issues of foreign-founded banks risks control and related international cooperation mainly from the point of host country. During the exposition, multiple study methods including historical analysis, economic analysis, political analysis, jurisprudence analysis, comparative analysis, normative analysis, positive analysis, systematic analysis and so forth are manipulated according to the requirement of analyzing the legal issues concerning foreign-founded banks risks control, to try to make multiple angled discussion and interdisciplinary study on thelegal issues concerning foreign-founded banks risks control, and to give theoretical consideration and legislative and judicial suggestions to this issue as a reference for legal construction of foreign-founded banks risks control. This article contains 170,000 Chinese characters and is divided into 5 chapters.Chapter 1 Outline of Foreign Banks Risks ControlThis chapter firstly deliberates the connotation of foreign-founded banks through various definitions of foreign-founded banks, explores the history of the development of foreign-founded banks from the early stage of transnational banks to modern, contemporary till present transnational banks, and the their influence on developed countries as host countries and developing countries. And then, the autho...
Keywords/Search Tags:Foreign-funded Banks, Risks Control, Legislation
PDF Full Text Request
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