Comparative Study On Legal System Of Commercial Bank In The United States And China

Commercial banks are financial organizations which are at the very most in quantity , at the most common in distribution, and at the most extensive in business scope and activity field. Commercial banks are the backbone and information centre of national economic activities. At the same time , commercial banks are an important pathway for a country to implement adjust and control of macroscopic economy. Commercial banks play an important role in national economy, so developing commercial banks and ensuring their healthy operation has become the important content of a national economy. The degree of liberalization and globalization of banking industry has been saddened increasingly. Along with entering WTO, our country has entered the banking competition in the world scope. In order to keep banking safety after opening the door of our country, it is necessary for us to accelerate the institutional change of banking. Commercial banks are the most important part in the banking reformation.U. S. A is the most developed country in the world in banking industry and the legal system of bank in the United States is quite perfect, so we can draw important lessons from it. This dissertation will compare the legal system of bank especially of commercial bank in the United States and China in order to absorb worthy experience. Through the comparative study on legal system of Sino-American commercial bank in the aspect of market admittance, business operation, supervision system and market seceding , the author thinks that there are five questions in our legal system of commercial bank which are as follows:Firstly, the operating pattern of our commercial bank is not accommodate to the modern operating pattern of bank in the world, so we need make preparation for adapting the world trend of mixed operation of banking in the future. Secondly, the legal system ofbanking in our country is not healthy, the specification of banking in our country is not allround and the interior is not coordinated. Thirdly, business scope of our commercial bank is narrow and the variety is single which is focused in trasitional business . Intermediate business develops slowly and new business lacks innovation. At the same time, there is short of legal guidance. Fourthly, the supervision system of bank is very low and the stipulation on the supervision system is not perfect. Fifthly, the mechanism of market seceding is not standardized.The author brings forward some assumption of solution on mentioned questions in theory , for example, making an transition towards mixed operation of banking, establishing the system of deposits insurance, making appropriate innovation on marked seceding of banking , and so on.