On The Legal Regulation Of Related-party Transactions Of Commercial Banks In Our Country

Related-party transactions are neutral by themselves. However, the status between related-party and commercial bank is unfair. When lured by benefits, the related-party is likely to manipulate the trading conditions and seek improper interests. With the developing of diversification ownership and integration operation, the related-party transactions are increasing day by day, and becoming more and more complicated. Therefore, the potential hazards associated with the transactions become much cleaner: not only affect the sound operation of commercial banks, also against the interests of shareholders and creditors, or even seriously disrupt the financial order and undermine the financial security.Although there are lots of laws and regulations adjusting related-party transactions, many problems are still exit, it is difficult to regulate related-party transactions of commercial banks effectively. In order to better defend the interests of stakeholders, to maintain financial order and safeguard the financial security, urgently it is necessary to improve relevant legal systems. Unfortunately, academic researches have focused on the listed companies, few scholars specially study related-party transactions of commercial banks, so there is few theoretical result. However, improving legal systems can not do without the supporting of the theory. Therefore, it is very significant to do systematic research about the related-party transactions of commercial banks.In this paper, I analyzed the nature and the potential hazards of the related-party transactions of commercial banks, in order to explore the necessity for legal regulation about them. Then, I analyzed some important legal systems about related-party transactions, for example, the approval of related-party transactions, the information disclosure, and the system of right relief. Then combining some actual situation, I found series of legal issues, the lack of validity of the contract rules, the prominent problems in commercial banks'management, serious shortage of creditor rights protection and so on.As to the perfection of legal regulation about related-party transactions, there is no general answer to the article. On the contrary.I try to find a different approach to answer it. First, it is need to understand the principles which have to been followed when regulate the related-party transactions.Then we can put forward a sound of proposals to solve the above-mentioned problem. The Undue Influence Presumption Theory can be drawn, to build the revoking rules of the related-party transactions contracts, and to distribute the duty of proof between related-parties and victims in the proceedings. Strengthen risk awareness related-party transactions, establish information management systems, and restore approve and management rights to the Board of Supervisors, so that strengthen self-management of commercial banks. In order to protect the rights of creditors better, benefit compensation system is essential, the personality denial system of company need to be perfected, but also set of related-parties' debt subordination system with learning from America's "Deep rock doctrine"...