WTO And The Complete Of The Legal Institution Of Our Banking Management By Supervision

The financial industry is a modern economy of core, while the bank is the core of the financial industry ,the bank crisis threatens not only the existence of the bank itself, but also will affect financial safety, the stability of the economic development and society. Therefore, all countries take charge of the authorities to pay all attention to control and prevent the risk that the whole financial system brings, from the angle of access to the market, dealing with the business and releasing the market. Building up a legal system of the bank management by personal supervision helps not only the high quantity that the bank enters and the high-efficiency steady movement but also the norm and the prosperity of the bank market.China's access to the WTO will promote the opening of the banking market ,then accelerate our economy to turn the track according to the international rule and the market mechanism, and the progress of the international competition. China's access to the WTO will promote the opening of the banking market ,then accelerate our economy to turn the track according to the international rule and the market mechanism, and the progress of the international competition. In the numerous agreement of WTO, the banking is mainly served by 《General Agreement on Trade in Service 》 ( GATS), 《The Global Finance Service Agreement 》 and etc. The core spirit of WTO financial trade in service is to push the International Financial Trade in Service forward with effort, on the other hand give the right of management to every country and initiating thefinancial service liberalism. In February 1975, the Basel Committee established. It is the most important institution that controls the activity of all the banks. 《 The Core Principle of Basel 》 is the global document in the group documents of Basel, which faces to the whole world especially to the newly arising market nations for the first time and it is a Basel document which the Chinese management authority cooperates with the Basel committee formally and takes part in making with it. The tendency of global financial integral and china's access to WTO both require our banking carry out the modernization and internationalize gradually. 《 The Core Principle of Basel 》 has doubtless importance.It is proved by the theories of modern finance management that a perfect and sound legal system of exterior commercial bank should include the legal institution of the management of the commercial bank access, the legal institution of the management of business of the commercial banks, and the legal institution of the management of market withdrawing of the commercial banks. The quality ,structure and scale match the need of the project of the financial development programs and market with the management of access to market. With the management of business, the index of business, the capital ample and mobility of commercial banks are controlled by management authorities to make sure that the commercial banks should manage steadily so as to prevent the commercial crisis taking place. With the management of market withdrawing ,it takes advantages of the institution of market withdrawing to exertive the commercial market mechanism exertive function to enhance the risk consciousness, strengthen the ability of ego stipulation so that it turns to the safety business as principle, which helps to dissolvethe financial risk and the safety and stability of the whole financial industry, on the other hand, market withdrawing is a warding for the financial risk to make public choose commercial bank carefully to protect itself.It plays an important role that the policy of our foreign capital banks and legislation exertive its aggressive influence. But at the same time there are many problems. The core is the lack of the policy of our foreign capital banks and lack of enough understanding to the risk, which weakens the management of our foreign capital banks. While the measure to solve the problem is to enhance the legal institution of management of our foreign capital banks.