Study Of The Banking Sector Associated With Trade And Its Regulation

I. The main contents of the thesisThe banking connected transaction is objective phenomenon accompanies with development of the banking organization .It is used widespread and accepted by many countries in the world. Because of the relationship of control in connected transaction, the position of the two parties in the transaction is equal in the formality law, but in fact is inequality. Connected transaction carry on lower price, not follows the market principle. Thus the banking connected transaction is unfair in fact and it is easy to be abused. The international finance practice has already confirmed above-mentioned logic conclusion in recent years.This thesis research the banking connected transaction and its reasonable regulation with several methods including comparison analysis, historic analysis and the analytical method, and then give some policy suggestion to put forward the regulation system of the banking connected transaction.The full thesis comprises seven chapters except lead-in.Chapter 1,The general theoretical analysis of the banking connected transaction. The basis to regulate the banking connected transaction is the clearly definition of the scope of the banking connected transaction. This chapter first researches the theoretical definition of the scope of the banking connected transaction. Then analyze the characteristic and its type of the banking connected transaction. Finally, analyze the challenge that the banking connected transaction gives to the traditional financial law and traditional financial regulation.Chapter 2,The economic analysis of the banking connection transaction. The banking connected transaction is a kind of economic behavior. The usage of different economic theories to analyze the banking connection transaction is helpful for us to understand the essence and the economic reasonability of banking connection transaction and its attribute completely, thus contribute to the regulation of banking connection transaction. This chapter use three different economic theories analyze the banking connection transaction, then point out that banking connection transaction is neutral, it has both advantage and disadvantage, therefore, the regulation of the banking connected transaction should take into account both efficiency and equity.Chapter 3,The boundary definition of fair and unfair banking connected transaction. Because of the neutral attibute of the banking connected transaction, it has both positive effect and negative effect, we can't forbid it absolutely, and also can't accept it completely, even indulge it. Thus the boundary definition of fair and unfair banking connected transaction is critical. This chapter discuss the definition of fair and unfair banking connected transaction under the principles of safe,efficiency and justice, and point out that we should insist the fair principle to definite the boundary of fair and unfair banking connected transaction . The fair principle to definite the boundary of fair and unfair banking connected transaction include substantial fair and formal fair. The substantial fair consist of three standards:objective fair standard,arm's length rule,business judgment rule.The formal fair consist of two types of procedures:the normal business procedure and the special procedure including disclosure interest to the public,the limit to voting right and the acceptance by the independent board director etc.Chapter 4,The historical analysis of the regulation of the banking connected transaction in the United States. The United States is strict in the regulation of the banking connected transaction and achieved much experience. This chapter analyzes the history of regulating the banking connected transaction in the United States, and point out that all organizations have the motive transfer the risk to the banking, the theoretical foundation of regulating the banking connected transaction is to maintenance the independent market judgment ability of the banking. The above experience is useful to china.Chapter 5 , The legal regulation of the banking connected transaction.The banking connected transaction involves the interest of the bank itself, customer, creditor and small shareholder etc. This chapter research how to protect the right of the creditor and small shareholder in the banking connected transaction, discuss the Disregard of the Corporate Personality, Deep-rock Doctrine and fiduciary duty of the control shareholder.Chapter 6,The regulation of the banking connected loan. The banking connected loan is very harmful to the safety of the banking. The law is necessary to the banking connected loan, but is incomplete. This chapter analyzes the banking connected loan theoretically and practically, and then discusses the banking connected loan including the definition of the connected party, the sum restriction, market bargain condition, information disclosure and inside control etc.Chapter 7,The regulation of connected transaction of the financial holding company. The connected transaction of the financial holding company is unavoidable. This chapter discusses the regulation scope of the financial holding company connected transaction, firewall, Enhanced Obligations of Financial Holding Company, the regulation cooperation and information share.II. The main innovation of this thesisThe main innovations of this thesis are as follows:1,The thesis use three different economic theories analyze the banking connection transaction, then point out that banking connection transaction is neutral, it has both advantage and disadvantage, therefore, the regulation of the banking connected transaction should take into account both efficiency and equity.2,The thesis researches the boundary definition of fair and unfair banking connected transaction. The thesis discuss the definition of fair and unfair banking connected transaction under the principles of safe,efficiency and justice, and point out that we should insist the fair principle to definite the boundary of fair and unfair banking connected transaction . The fair principle to definite the boundary of fair and unfair banking connected transaction include substantial fair and formal fair. The formal fair consist of two types of procedures:the normal business procedure and the special procedure including disclosure interest to the public,the limit to voting right and the acceptance by the independent board director etc.3,The thesis analyzes the banking connected loan theoretically and practically, and then discusses the banking connected loan including the definition of the connected party, the sum restriction, market bargain condition, information disclosure and inside control etc. The thesis discusses the connected transaction problem in the reform of commercial bank in China, and give some policy suggestions.4,The thesis discusses the regulation scope of the financial holding company connected transaction, firewall, Enhanced Obligations of Financial Holding Company, the regulation cooperation and information share.