The Research On Supervising Legal System Of Commercial Bank's M&A

Commercial bank's M&A refers to property right trading activities in form of merger or aqusition of commercial banks under the market competition mechanism.Commercial bank can reduce its business costs, improve its management benefit and enhance its market power through M&A. However, the unlimited M&A of commercial banks seriously influenced the stability of the world financial system in fierce competition of the market economy,and this financial crisis has close relationship with the active market of bank's M&A in the global opening finance.Market economy is the economy in ruling of the law, every country should formulate the corresponding supervision laws to supervise the process of commercial bank's M&A to guard against the financial risks and maintain the financial system's stability. The market of our commercial bank's M&A is not maturity, our country has established some laws and regulations concerning with the commercial bank's M&A,but comparing with the developed countries, our legal system of commercial bank's M&A are not perfect, particularly there isn't a volume of law to regulate the M&A activities of commercial banks currently, which makes the supervision of commercial bank's M&A cannot be operating on a legal basis.On the aspect of law,this research analyses the basic theory of commercial bank's M&A and legislation and enforcement mechanisms of developed countries' supervising legal system,and gives some advices on establishing our supervising legal system of commercial bank's M&A , so as to make the conduct of M&A legalized,the risk of M&A minimized and the benefit of M&A maximized.This study adopts theoretical methods, comparative methods and empirical methods.This article is divided into three parts:the preface, the text and the epilogue,the text is divided into four chapters.The preface states the background, summary of literature,researching methods and innovative points of this article. The first chapter of the text expounds the basic theory of supervising legal system of commercial bank's M&A, including the concept,history,status and characteristics of commercial bank's M&A, analyses the motivation of M&A and the necessity of supervision,and points out the reason of using the law to supervise.With the comparative methods,the second chapter introduces supervising legal system of commercial bank's M&A of the developed countries such as the United States, Britain, Canada and other countries,and summarizes the general characteristics of their system.The third chapter summarizes our existing supervising laws,and points out the existing problems of our law and the reason causing the problems comparing with the developed countries.The key of this article is the fourth chapter,which puts forward the suggestions on establishing the supervising legal system of commercial bank's M&A of our country from several aspects: the concept of supervising legal system,the legislative model, the formulation of merger regulations,the constructing of supporting system,and so on. On bank merger regulations, this article proposes that the bank regulator and the anti-monopoly enforcement authority jointly in charge of supervision in procedure, where in substantive law we should pay attention to the financial security, financial efficiency and the protection of social public interests.The epilogue summarizes the contents of this article,and generalized the main points in constructing the supervising legal system of commercial bank's M&A of this article.