On The Perfection Of Supervise Legislation In Investing Commercial Bank Outside The Border Of China

With the development of globalization and liberalization of financial services, the development of the transnational bank has already become the irresistible trend, and economic development needs support and guarantee of the law. As to home country , is it very important to enhance the supervision of external commercial bank, the supervision legislates to commercial bank can offer security, efficiency and fair management environment for its development and ensure, external supervision of commercial bank is embodiment of home country to belong to people administer principle and protective administration. At present most country also support national commercial bank to develop outside the border very much, and have made relevant legal policies to ensure the external commercial bank develop in a healthy way. The Basle Committee also have made a great deal of efforts in this respect ,offered very good law for supervising in the banks of various countries.The development of the external commercial bank of our country has already reached the fierce degree, a lot of commercial banks go abroad one after another . The development of the external commercial bank can not only merely absorb the advanced experience of the foreign bank in order to raise the development of the domestic commercial bank of our country , can also offer financial support for investment activity outside the border of our country , inject new strength into reform of state-run commercial bank of our country. But the relevant legislation of our country lag behind relatively, there are no relevant regulations in the domestic bank legislates, and special legislation rely on " The guide to supervise commercial bank external organization " and " external management method of financial institution ", the legislative level is low and has deficiency and defect in the respects, set up disappearance, risk of supervisory system supervise mechanism imperfect. Credit case that such a lot of American branches as the New York branch of Bank of China, took place in 2002, which is a very good...