Study On Issues Of Legal System Of Foreign Bank Supervision

With China's access to WTO on December 11th, 2001, it is inevitable to open further the financial markets to the world. Foreign banks' rushing into China brings active effects. At the same time, it brings negative effects on some aspects, such as carrying out China's currency policy, the balance of international revenue and expenditure and financial risk and so on. Besides, foreign banks have such characteristics as its' close connections with international financial markets, pluralization services, advanced technology and measures and financial innovation abilities, which are different from domestic banks' characteristics. So how to supervise effectively foreign banks and how to be on guard to and dissolve financial crisis under the background of carrying out national treatment principle to foreign banks progressively according to China's realistic situation, is a question for study with great theoretic and practical significance.This thesis draws a conclusion that the supervision of foreign banks is different from the supervision of domestic banks by discussing the definition, the cause, the value orientation and the principle of foreign banks' supervision. This is the introduction part.Who is the subject of supervision and what is the supervision system? By analyzing America, Japan and England's banking supervision systems, the thesis draws a conclusion that the development trend of the supervision of foreign banks is mixed supervision. Then countermeasures on how to perfect China's system of the supervision of foreign banks are advanced in this thesis.What do supervision subjects supervise? The thesis gives an answer: market access, business operation and market withdrawal.The integration of global economy and the liberalization of financial services is the trend of today's world development. How to find a balance point between deregulation and strengthening supervision under that background is the topic this thesis can not avoid. Besides, the New Basel Capital Accord which is going to be enacted in 2005 will have great effects on world's banking industry. How to counter, as for the supervision of foreign banks, is discussed in this thesis in order to prepare for what will happen in future.The life of academy research lies in giving countermeasures for practice. On the basis of expounding above issues, the thesis puts forward several countermeasures on perfecting the legal situations of China's foreign bank supervision at last, which include: perfecting the legal system of China's foreign bank supervision and concrete laws and regulations according to the thinking of carrying out national treatment to foreign banks progressively, perfecting the system of cooperation with foreign banks' motherland and the system of consolidate supervision and perfecting the system of information disclosure and the system of deposit insurance and so on.