A Study Of The Legal Systems Concerning Supervision Of Bank Of Foreign Capital

After entering WTO, more and more banks of foreign capital come to China. In order to keep our bank systems in stability, we need set up an effective legal systems concerning supervision of bank of foreign capital. And only the perfection of the systems can make the banks of foreign capital serve for China's economy effectively.Legal systems concerning supervision of bank of foreign capital contain a good many contents, such as the macro principles of supervision of bank of foreign capital, the microcosmic supervisory measures, the principles and the models of the supervisory law, the supervisory framework, and so on. The first part of the thesis make the definition of the bank of foreign capital and the supervision of the bank of foreign capital, and then elaborate the principles and the models of the supervisory law and the cause of the supervision on the bank of foreign capital from the theoretical point of view. And in the second part of the thesis, through seeing about the legal systems concerning supervision of bank of foreign capital in developed countries such as U.S.A. and Japan and in developing countries such as Korea and Singapore, the author summed up the experiences and lessons for practices in China. Moreover, the author analysed the standards of supervision over international banking business which are included in Basil Agreements, such as the responsibility of both the host state and the home state to supervise the bank of foreign capital; the core principles, and so on. And then in the third part, the author summed up the present status of Legal systems concerning supervision of bank of foreign capital in China firstly, then pointed out the problems in macro policies and microcosmic measures of the supervision of the bank of foreign capital. On the basis of these, the author had a general considering from the temporal and dimensional point of view firstly, and then put forward the measures to perfect the Legal systems concerning supervision of bank of foreign capital: to nail down the objects, the principles and the models of the supervisory law; to adopt proper and effective measures suit toour country in market access and operation; to intensify the supervisory power of the mechanism of the People's Bank of China and that of the other regulatory bodies; to increase the cooperating in home state and international supervisory organize and our country, to apply the principle of responsibility of home state.