The Legal Control Research Of Risks Of Banking Industry Fixed With Securities Of Our Country

Entering 21st century, banking industry mixed with securities becomes a trend of world Banking and securities business developing by competitive advantages of integrated management. Our country implements the system of banking industry mixed with securities, because of two factors mainly: First , it helps the Chinese-funded financial institutions contend with financial institutions of foreign capitals ; Second, the demand of domestic banking industry mixed with securities is becoming stronger.At first, the text points out , to bring the integrated management advantage of banking industry mixed with securities into play, we must control its risks strictly . According to Commercial Banking Act and Securities Act of our country, banking and securities are operated seperately, but implementing banking industry mixed with securities means, bank assets will enter securities market through various kinds of forms , so risk control is particularly crucial to its security. Under current conditions, implementing banking industry mixed with securities, may bring some risks, such as the risks of cooperation of banking and securities, financial holding companies, fund managing companies created by commercial banks , and financial systemic risks.The text thinks, the basic reason causing above-mentioned risks , is mainly that the current financial legal system is imperfect > such as the company administrating structures of state-funded banks have some drawbacks, securities market development is sufferring from the system of stock rights separated , and we lack of financial mixed industry supervisory system , especially the system of financial holding company.Secondly, the text think the mode of America can best help us improve the ability of supervising banking industry mixed with securities, by analysing characteristics of risk legal supervisory modes of banking industry mixed with securities of America, Britain and Germany.Finally, the text, from our country's reality, fully benefiting from American experience, propounds some legal countermeasures to strictly control the risks of banking industry mixed with securities , such as perfecting the company administrating structure of state-funded banks, setting up the whole circulation system of stocks, making laws for financial holding companies, and setting up a legal system of supervisory institutions combining mixed industry supervision with divided industry supervision.