| This is the survival environment that China's banks are currently facing: On the one hand, with its accession to the World Trade Organization, the dam of China's financial market has finally opened a breach to the transnational banks. The entry of those long-established and capital rich transnational banks denotes the fact that domestic banks have to experience a period of pains and adaptations. On the other hand, the golden ring, as enshrined by state banks' huge assets and widespread service network across the country, could barely cover up the industry's problems such as the astronomically large figures of non-performed debts, bureaucracy in management, outdated thoughts of planned economy, and the virtual status of bankruptcy in terms of their capital inadequacy. So, in view of the function of bank as the engine in the modern financial system, we shall pay close attention to such issues in macroscopical view as, after they have become market principals, how the state-run banks of our country develop in a healthy way to inject fresh blood into the economic body of China, how they tackle the growing powerful finance challenges and from transnational banks. " Commercial Banks Law" ," Central Bank Law" and a series of rules and regulations promulgated by the State Council or Central Bank have basically formed an intact macroscopical supervisory system. If the function of laws and regulations relevant to bank supervision acts as many bright lamps for market principals' entry into the port, the supervision system cored with Capital Adequacy Supervision in Basel Accord is the brightest one. Beginning with the legal definition of capital in Chapter One, this dissertation draws forth the legal definition of bank capital in Basel Accord. while expounding the importance of bank capital, the author lay great emphasis on elaborating the economic foundation of bank capital adequacy supervision and the legal value of bank capital adequacy supervision from the law philosophy angle.Regarding Basel Accord as the main thread, Chapter Two of this dissertation has introduced at first that the requisitions of supervision authorities of various countries on capital adequacy rate of banks before Basel Accord in 1988. Secondly it has introduced the close relation between Basel Accord and the supervision of bank capital adequacy rate, and the recognition of the legal status of Basel Accordon international financial basis. The dissertation has laid great emphasis on such contents in Basel Accord of 1988 as follows:1, classification of capital; 2,The calculation standard of the risk weight of the assets ; 3,Arrangement of the standard proportion of the capital and assets and of transitional period in 1992; 4,The discretion of supervision authorities of various countries. Having introduced the situation of dealing with the economic integration and internationalized tide of finance of world again, The Committee of Basel has examined itself and issued the new Basel Accord in 1999. Based on the introduction of the new Accord, the dissertation has given some criticism on that .On the basis of the analysis of the contents, evolutions and framework of Basel Accord, and according to the current conditions of capital adequacy rate in commercial banks of China, Chapter Three poses the thought for the perfection of the legal system of China's capital adequacy rate supervision, which is mainly divided into four categories: supervise from public departments, market restraints, audit outside bank, inside control. The background of Basel Accord is: with the acceleration of process of global integration, banks, especially those participate in the competition in international finance market has formed a interrelated chain, rupture of any ring of which will cause the serious negative consequence to the banks of other country directly. Along with the development of the information technology and communication tool, the crisis spreads faster, the promptness of outbreaks increases, all these make single supervision authorities at a...
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