Research On Legislation Of Chinese Banking Regulation

The current global financial crisis intensifies and gradually spreads to the real economy, and inevitably financial regulation has become the focus of attention. Finance is the core of modern economy,safeguarding the financial security is an important component of the country's economic safety. In a country's financial system,banking is the most important financial institution. It has a significant impact on social and economic 1ife, and plays an important role in the national economy. Only effective banking regulation and full play to the role of banking regulation can ensure the stability of the banking market; but banking regulation itself cannot overcome its inherent flaws. Therefore, we must put on banking regulation under the legal framework in order to play its due role, and it becomes very necessary to study the legal system of banking regulation. In order to maintaining our financial market safety and social economic stability, first, we should start with legal system of financial regulation, adhere to risk based regulation and work hard to raise the level of financial regulation, improve the methods and patterns of regulation. And then we should pay attention to gradually increasing the transparency of regulation in accord with international norms and the new requirements. Only by this way could we successfully deal with it.The first part in the article is about the general theory of banking regulation. Firstly I terms the banking regulation from law views, and secondly the theoretic base of banking regulation, thirdly I talk about the necessity for banking regulation, which include the need for legislation. The second part tells the situation and problems the status of our banking regulation system, and studies the problems of our banking regulation system. The third part is the international comparison of banking regulation system models. From comparison of America, England and Japan. Based on the analysis, I drew the advantages and disadvantages of these countries'banking regulation system,then points out the advantages that we can follow. The fourth part is about the legislation to the progress of our banking regulation system. Based on the problems of our banking regulation system, I consult the benefit and experience of other countries, and provide some legislative suggestions in order to better our banking regulation system.