A Study On The Legal System Of Banking Supervision In China

The banking is the trade of high risk , high liabilities, having inherent unstability, at the same time the banking is that one kind having " public ", " social industries ", influencing the public and social public interests, so, it is very essential to the supervision of the banking.But the present outstanding problem is: with China joining WTO, foreign capitals bank swarms, and our government supervises China-invested Bank too tight not merely, and still backward supervising and managing thoughts , the low grade question of the transparency of information;" sacred convention"" capital agreement of new Basel" implement soon , but our bank have capital sufficient rate not up to 8% in various degree, Implementing new agreement, may propose high demand of our banking capital, can lead to our bank in unfavorable status of the international competition. New agreement proposes high demand of our government ability, quantity and quality of disclosure of information that bank supervise too. " domestic trouble and foreign invasion " making us study the legal system of banking supervision seems very important.Frankly speaking, " the law of the People's Republic of China on Banking Supervision law"" is the first special law about banking supervision. For strengthening banking supervision, standardizing administration behaviour of supervising , taking precautions against and dissolving the risk of banking have very important meanings. But this law is drafted hurriedly, the institutional improvement is comparatively rough .Bank supervision thoughts relatively backward, the focal point of supervising goal lies in supervising all bank of operations, so as to ensure the implementation of national financial policy and Central Bank monetary policy, keep the stability of the value of money , neglect the interests of protecting the depositor and sound and stable operations of the maintenance bank, and the control on risk of the bank." capital agreement of new Basel " the disclosure of information is required according to transparency principle of WTO, carrying on evaluation and analysis to the open principle that the bank of our supervision, the disclosure of information must follow customer's secret law , the design of the law of customer secret should reduce unnecessary customer restraining from keeping secret as much as possible, achieve the quantity of improving disclosure of information and purpose of quality finally, safeguard social public interests. In addition, China Banking Regulatory Commission implements the function of supervising to the commercial bank , but Central Bankis still the last creditor of commercial bank, still check right to the commercial bank, should set up a financial information centre between the two, in order to ensure Central Bank and China Banking Regulatory Commission to supervise and have a steady communication to coordinate the mechanism and information sharing mechanism. A great deal of reasons in the course of operation of the bank cause a large amount of non-performing assets, among them, most direct reason is the risk of credit, the most question banking institution to operate discernment and control ability of risk can't adapt to business development. Our government operates seperately, person who assign to can't adapt to mixed operation , international main trend that supervise in unison to supervise.The effective way of solving above-mentioned problems lies in learning lessons from " capital agreement of new Basel " and advanced mode which the foreign bank supervise, introducing the scrupulous supervising and early warning mechanism of risk, carrying on in successive effective supervision to the banking, including the access to the banking market, market operation discretion supervised and withdrawn from the market.Among them strengthen the credit of banking and operate the risk , supervise and control the legal system of the system with the inside especially, and withdraw from the defects and blanks of supervising the legal system to the bank of China, should make " the law of the market of financial institution withdrawing " progressively , "the law of insurance of the deposit ", "regulations on taking over financial institution "," regulations on financial institution bankrupt "," last regulations financial institution ", " regulations on withdrawing from market of foreign capitals bank "etc.The content of this text is arranged to be divided into four parts. Among them the first part solves the basic theoretical question that the bank supervising law especially; Second part explain the challenge of the bank supervises the current situation facing, and put forward the question; The third part is the query of the law of current banking supervision , and analyse the question. The fourth part learns lessons from " capital agreement of new Basel " and advanced mode which the foreign bank supervision, perfect the access to market, market operation of market of bank in China and withdraw the market of bank from the legal system of bank supervision.On the research approach, this text has used comparative research, historical research and positive research synthetically, innovation and characteristic of method is to the bank supervision law analysis , gambling and chess analysis ,economic analysis , interests balanced analysis and law analysis . The innovation and characteristic of the content : Divide market management law into market structure law and " banking supervise law of managing "...