| This article mainly researches the evolution of our banking law system and its rules based on the classification of banking public law and banking civil law and reviews the development from the appearance of early banking laws by the end of Qing dynasty to the official establishment of our modern banking law system after 1949. This article deeply studies the material legislative outcome in the past 100 years and researches the formation and development of banking public law and banking civil law. Based on the review of historical experience, in conjunction with the international and domestic environment the banking industry and banking laws are facing, the author of this article puts forward the proposals of improving the banking laws and relevant law system. This article concludes the different composing and development of banking public law and banking civil law based on the analysis of historical materials and further analyses the necessity of improving our modern banking law system by using the method of combining history and theory based on the theory of law with reference to the financial and economical theory. This article believes that banking laws, as a branch of financial law, is also a legal department which combines the public law and civil law like the financial law. For the legal relations regulated by banking laws, some are public law relations, e.g. the relation between central bank and central government, central bank and commercial banks, banking supervisory department and common bank, etc.; some are civil law relations, e.g. the relation between commercial bank and its depositor, investing bank and investor, creditor and debtor subject to negotiable instrument, etc. Therefore, the discussions of classification of public law and civil law in the banking laws domain and summarization of the different characteristic and its evolution rules of them have a significant meaning to the practice. By doing so, it is beneficial to a better understanding of the essence of various legal relations regulated by banking laws and it is beneficial to design the different legal adjustment principle aiming at the public law relations and civil law relations, so as to provide reference to the perfection of the banking laws.The preamble of this article firstly introduces the meaning of this subject and the research hereto, the fundamental knowledge regarding bank and banking laws and the importance and significance to the reality. Secondly, it concludes and summarizes the research outcome of the scholars regarding the banking legislation and banking law system and tidying up the different stream of consciousness thereof. Based on this, this article puts forward the main points and its renovation, i.e., due to the different legal relations to be adjusted by the banking laws, our banking laws is developed with the development of both banking public law and banking civil law simultaneously ever since the existence of banking laws and the developing path of both banking public law and banking civil law is different. The banking public law is the main part of the banking laws, but the necessity of banking civil law to be existed also complies with the developing rules of law itself. Although the development of banking civil law has been influencing by the banking pubic law subject to the development of banking public law, which is quite slow, and the modern banking law system has to be improved in a lot of aspects, the significance of the banking civil law will be recognized gradually under the current market economy situation. The last part of the preamble introduces the thinking and methods of writing this article, emphasizes the importance to the research on the banking law system by using the method of combining history and theory and cross-checking different subjects.The chapter one generally introduces the classification of our banking industry and banking law system. In view of our special banking system formed and continuing developed after the appearance of bank established by Chinese people by the end of Qing dynasty, this chapter, taking 1949 as a division, discusses about the banking system before 1949 which the banking system is divided into foreign bank and banks run by Chinese and the modern banking system after 1949 which the central bank and commercial banks are existing in parallel, and further discusses the classification of our banking law system which leads to the conclusion that our banking law system distinguishes the differences between Banking public law and banking civil law ever since its existence, so as to prove the significance of differentiating banking public law and banking civil law.The chapter two and chapter five analyze, in chronological order, the evolution process of our banks and banking laws in the past 100 years by tracing the development of the banking law system. Among which, the chapter two introduces the course of banking laws coming into being by the end of Qing dynasty and the main legislative outcome, thoroughly parses the various political and economical factors which influence the emergence of banking laws and demonstrates the direct influence of the chaos of money market at the end of Qing dynasty to the banking legislation and the intention of the Qing government to create the new type of banks by itself. On the basis of this, this article believes that the driving force of Qing government to set up banks is to solve its financial difficulties, therefore, the banking laws thereafter are brought into existence with the banking public law as the dominance and the banking civil law, having developed as a part of the commercial law which is mainly developed for the purpose of setting legal dispute in the negotiable instrument relations, is posing in the inferior position.The chapter three introduces the evolution process of our banking laws in early days of the Republic of China. By analyzing the various political measures conducted by Beijing government under the currency system and the finance and economy system at that time and economy legislation outcome, in conjunction with the influence of the society, esp. the influence of the Association of Bank to the banking public law, it parses each legislative outcome of banking public law in early Republic of China, which the currency legislation and banking organization legislation are the cores, and the legislative outcome of banking civil law, which is represented by the negotiable instruments legislation. Based on that, it reasons the different development paths of the banking public law and banking civil law in the early days of the Republic of China, i.e. the deviation of banking industry toward financial function causes the extension of the banking public law as the dominance, and the discussion of the fundamental theory of negotiable instruments fosters the development of the banking civil law and makes the legal theory more mature.The chapter four mainly discusses the further development of the banking law system after the foundation of Nanjing KMT Government in 1927. In this period, on the one hand, the banking industry increasingly becomes the financial tools used by the government to control the economy due to the gradual enhancement of the government's power, which makes the banking public law with the central banking laws as the core strengthened, and the intention of the government to reinforce the banking public law becomes more obvious, which is to guarantee its absolute political and economical controlling power by making advantage of laws in order to procure the maximal economical benefit. On the other hand, the banking legislation in Nanjing KMT Government is comparatively at a higher level due to the absorption of western legal thoughts and legislative outcome, which, on the one hand, to certain extent having the previous banking legislative outcome developed, and on the other hand reflects the social demands at that time and therefore speeds the development of the social economy. In particular, the banking civil law represented by the negotiable instruments becomes more mature and acquires abundance achievement.The chapter five introduces the developing outcome of banking laws after 1949. This article believes that the development of banking laws after 1949 comes into a brand new phase which is different from the development of banking laws before 1949. The independent sovereignty and the unified party to lead our country after 1949 create the objective condition to form a complete banking law system of China. However, due to the influence of the historical event, our banking laws encounter the period of"large and unity", which is also the period of standstill for the banking legislation. With the coming of the era of reform and opening-up, our banking industry welcomes its new developing opportunity, which in parallel develops the banking legislation. After 1955, our modern banking law system is official established with the promulgation and implementation of People's Bank of China Law, Commercial banking laws and Negotiable Instrument Law, etc. After 2003, in order to adapt to the requirements of economic opening-up, the People's Bank of China Law, Commercial banking laws is modified, the PRC Banking Regulation Law is promulgated and the special banking supervisory Institution named China Banking Regulatory Commission is instituted. By doing so, our modern banking law system is further enriched and improved.The last three chapters of this article probe the theory of further improving our banking law system. Among which, chapter six introduces the necessity of improving our banking laws and banking law system under current situation. It firstly discusses the choices of our banking laws under liberalization of finance or restraint of finance based on the current liberalization of finance background and pointed out that when to improve our banking laws, the frangibility of our finance shall be fully considered and the right reactions against the rate system and banking operation model under the liberalization of finance background shall be made. This chapter further discusses the influence of WTO treaties and Agreement of Basel on our banking laws, considers that the improvement of our banking laws shall combine the relevant requirements of international practice and international protocols and shall embody the latest banking supervisory principal, e.g. Capital Adequacy Rate, etc. to ensure consistency of the domestic banking laws and international banking laws under certain necessary circumstances. This chapter also brings some opinions regarding the priority between improvement of our banking laws and economy development based on certain relevant theory of law, further analyzes that the essence of improving our financial laws is reforming of legal system, and demonstrates the necessity of improving banking public law and banking civil law subject to the confirmation of our financial system guided by the government.The chapter seven expresses the series problems regarding the improving of banking public law with the central banking law system as the core. It probes the essential issue, i.e. the independence of the central bank, combined with our current and historical traditions of the central banking law system based on the thoroughly retrospection of the evolution history of the central bank law systems in some countries and concludes that our central bank legal system shall take the local factors into consideration and shall review the traditions of our country in order to keep the localization when improving the central bank law system.The chapter eight of this article mainly discusses the essence of the banking civil laws, i.e., the issue of improving the commercial bank law system. The legal system of commercial bank involves both banking public law and banking civil law, which is the most important part of our banking law system. The improvement of our commercial banking law system shall combine the background of financial innovation, shall realize that the legal problems arising out of the dummy economy has already broken the traditional financial legal system. The improvement of the commercial bank law system shall combine the new situation, new character of commercial bank in the dummy economy, especially problems regarding the statuary obligation such as anti-money laundering and internal control jointly adjusted by both banking public law and banking civil law, in order to find the right way to improve the banking civil law.
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