Study On The Information Disclosure Of Commercial Banks System

With the rise of information economics, the importance of open, transparent and symmetric information has been adequately studied. Commercial bank as an information intermediary, information disclosure, transparency, symmetry is an inevitable requirement. Since the"New Basel Capital"accord of market restraint as one of the important pillars of banking supervision, the commercial banks information disclosure of getting the attention of academic and practical circles. Many scholars are extremely highlight the importance of information disclosure, that the shareholders, depositors, subordinated debt holders, are all important constraints of the main commercial banks. However, almost all the existing theory on the disclosure of important information from the perspective of the bank regulatory, while ignoring the other main body of information disclosure requirements. Therefore, study the commercial banks information disclosure system from multiple perspectives problems are particularly important. This article intends to use five parts (except for the introduction and conclusion) to give a systematic exposition of this issue.The first part is about the interpretation of the commercial bank information disclosure system. Through analyzes commercial bank disclosure with different opinions, The author thinks commercial bank information disclosure refers to the commercial bank disclosure related information of commercial banks in business to certain or uncertain stakeholder, including the regulators, depositors, borrower, shareholders, employees. The primary role of commercial banks information disclosure is to protect different stakeholders'legitimate rights and interests, the property rights, followed by the control of bank management risk and ensure financial security.The second part is theoretical part to analyze why the commercial banks need for information disclosure. This paper argues that the root of the commercial banks information disclosure is the stakeholder has the right to know management of information, and the existence of asymmetric information is required as a contract opposite party's commercial banks subjects information disclosure. At the same time, stakeholders'right to know may give rise to conflict with commercial secrets, the financial privacy of other clients and the social equity problem.The third part is about investigation the system of foreign commercial bank information disclosure. This article summarizes the Basel committee, the United States and other countries'commercial banks information disclosure system vicissitude and the existing regulations. Although the Basel committee and many countries have emphasized stakeholder rights protection, but because the Basel committee from bank regulators'angle to analysis, so their focus on bank management security and financial markets stable. Howerver, the Basel committee and other countries'stakeholder right protection has more and more attention, also has many places are worth our using for reference.The fourth part is the research for the information disclosure system of commercial banks. Mainly on information disclosure of commercial banks in the evolution of legislation and judicial practice, and found problems in the system and the gap between the developed countries,relevant international organizations with our country'legal system provisions. Such as non-public information disclosure controversy is much more than the public disclosure of the controversy, China's legislature of information disclosure of commercial banks is dispersed, the effectiveness of low level, the specific system is not careful, powers and responsibilities not clear. Such defects lead to there is no legal basis for the plight of the judiciary.The fifth part about how to better improve this legal system in the future. According to our country commercial bank information disclosure system and commercial banks and judicial reality investigation found that due to the traditional information disclosure concept which ignoring protect stakeholders'right. Therefore, improve the commercial banks information disclosure system the priority is the legislation idea change, then can guarantee the effectiveness of the levels from the legislation, the information disclosure program. The author believes that through joint efforts we can establish an effective commercial banks information disclosure system.