Studies On The Legal Problems Of Financial Supervision And Regulation Of Foreign-capital Banks

Under the comprehensive guidance of theories of economies and law science,the dissertation,adopting the research methods of historic analysis,comparative analysis and positive analysis,probes deep into the notions,reasons,values,principles,targets,structures and main contents of foreign-capital bank.supervision and regulation.The dissertation emphatically analyses financial supervision and regulation in co-operation with nations,financial liberalization in relation to supervision against the background of economic globalization.The dissertation systematically studies the status and subsisting problems of foreign-capital bank supervision,entry into WTO and improvement of Chinese financial supervision and regulation system.The dissertation consists of six chapters.Chapter One defines some important notions used in the dissertation,analyses the reasons and targets of financial supervision.Because of the transmission of the financial risk,it is necessary for all countries to administer foreign-capital banks strictly to avoid international economic circulate resulting the monstrous minacity.Chapter Two and Chapter Three make an overall research on foreign-capital bank supervision.The values which financial supervision wants to realize consist in standing up for financial order,advancing fair competition,increasing the banking business performance.These three values always appear repugnance.We must insist the principle of"performance first,justitia second",so that we can realize two harmonious unification.At the same time,steadiness and efficiency are requisite contents of the target systems for all contries and sections supervising foreign-capital banks.In 1980s,many coutries enforced financial liberalization and relaxed the control of finance for the sake of improving the banking competition ability.In fact,when many countries supervise foreign-capital banks,they always choose some important and needed polices,such as insiting protectionism,enforcing mutual benefit measures and giving national treatment.Obviously,prudential supervision and regulation is a new trend of international finance field.Because of the theories and methods of financal supervisions are different,the structure of the financial supervision system are not same in the countries of the world,they each have special features.It is important to reasonable select the means of supervision.There are two kinds of channels of financial administration,checking on the spot or else.Compared with developed countries,the foreign-capital bank supervision in our country is behindhand in the principle,target,structure and policy selection relatively.The traditional supervision system can't adapt to the new situation,so it is imperative to build a new system of financial supervision and improve it.Chapter Four studies the main contents of foreign-capital bank supervision,which is the contents in the dissertation. The main contents of foreign-capital bank supervision include market access,transactions and anti-crisis measures.Adopting the research method of comparative analysis,the dissertation systematically introduces the rules and practices of foreign-capital bank supervision and regulation in nowdays main capitalism nations and some newly market economy natins.Combined with the relevant law rules in China,there is strong actual situstion to analysis financial supervision of foreign-capital banks nowdays.Chapter Five handles tightly the tide of international financial integration,Globalizotion and liberalization,sets forth the relationship between financial supervision and liberalization against the background of the WTO relevantrules and the financial services trade agreements.The dissertation discusses the development and tendency of internationd financial co-operation.Chapter Six makes a special subject study regarding our country as a individual case.The dissertation handles tightly the situation of Chinese foreign-capital bank supervision,analyses the problems,gives out the ways to reform the law.The dissertation points out a very impo...