Study On Anti-monopoly Regulatory Policy Of China's Banking Industry

Since China joined WTO in November 2001, China's financial services industry has been gradually incorporated into the commitment list to open the door to the foreign institutions. As foreign banks enter the Chinese financial markets to provide services and the country uses policies to encourage the development of microfinance lending institutions, China's banking sector is also gradually introduced fresh competitiveness. However, China's commercial banks disregard the interests of the most consumers and small and medium enterprises in recent years .And they improve numbers of the service charges and the service threshold many times publicly and collectively. So we can see the banking industry still have entrenched monopolistic behavior, and resulting a lot of harm.The concept of this article is to study the monopoly of China's banking industry and the resulting harm to the financial markets. And the article also analyzes the value orientation changes of the antitrust laws and regulations in the banking sector of the major developed countries in the world. Based on the advanced foreign experience and theoretical perspectives of scholars, the article proposes some suggestions to improve the construction of the antitrust laws and regulations of the Chinese banking system.The article has four chapters.The first chapter is a case study. It conducts a brief introduction of a number of commercial banks increasing fees of withdrawing money from ATM collectively and publicly in the recent. And it leads to the first case of the Chinese Banking antitrust that an employee of the bankruptcy and liquidation company in the West of Chongqing sued the Nanping Branch of the Construction Bank. Thus the current legal means of the judicial practice in the banking monopoly is so useless.The second chapter describes the behaviors of the banking monopoly and the resulting damages. It is divided into two sections. Section I focuses on four monopoly of Chinese antitrust provisions. They are the operators to reach monopoly agreements, abuse of dominant position, concentration of business operators and administrative monopoly, and the performance of the monopolistic behavior in the banking industry. Section II mainly introduces the hazards of the banking monopoly to the entire financial industry and the economic development of China.Chapterâ…¢discusses the regulation of many countries on banking monopoly and the value orientation of the anti-trust law, it is divided into two sections. Section I describes the regulation on banking monopoly of the major countries in the world and mainly focused on the development of China's banking history and the current regulatory measures on banking monopoly. Section II compares the value orientation of the traditional antitrust law and the modern antitrust law in the banking sector. And it also analyzes that the values of the Chinese anti-monopoly law should be adopted in the banking sector.Chapterâ…£studies the recommendations of the anti-monopoly regulatory policy in the Chinese banking sector, it is divided into four sections. Sectionâ… describes the evolution of the relationship between the Government and the Bank in the west countries, and it also put forward some suggestions to construct the new relationship between the Chinese Government and the Bank. Sectionâ…¡analyzes the existing pattern of the Chinese anti-monopoly regulation and its shortcomings in the banking industry, and suggesting that China should establish a regulatory mode that the anti-monopoly law enforcement agencies take the main banking supervision, and the Banking Regulatory Commission make a cooperation. Sectionâ…¢puts forward four proposals on how to improve the antitrust enforcement of the banking system. Section IV studies how to improve banking mergers regulation of our legal system.The conclusion part summarizes the whole thesis. And it expressed the truly hope of the author that China's banking industry could develop healthily, and the financial market could be stability and prosperity, and China's economy could grow rapidly.