The Legal Research For Mixing Operation System Of Chinese Commercial Banks

There are two systems of financial institution operation in the world: separated operation and mixed operation. Under the system of separated operation, banks, security companies, insurance companies must focus their business on their own industries, instead of intercoursing with each other. The system requires that there should be anti-fire wall between financial sectors in order to separate their respective risk. Under the system of mixed operation,financial institution can provide its customer comprehensive financial services and products, reduce transaction costs , increase efficiency and disperse risks by diversified operation. The developing course of Western commercial bank operation systems has gone through a chang of mixed operation---separated operation---mixed operation. The chang was special innovation about financial market of globalization,and was caused by the chang of many factors. To Chinese commercial bank ,mixed operation and separated operation system are also a problem. Through legal analyse ,we can see that mixed operation system suits the trend of world development ,and it is benefitial to the competiveness of Chinese commercial banks.Enhance scale economy and range economy .So adopt mixed operation system is necessary and realistic.In the history and chang of Chinese commercial bank operation system,we know that the attitude of Chinese financial supervision department is initiativi and agreeable,it means our government has a clear understanding of mixed operation system.Mixed operation system become inevitable choice of Chinese financial industry. Through the analysis and compavision between American and German mixed operation system,American mixed operation system should be used for reference by China . That is to establish financial holding companies , the corporations adopt mixed operation system and branches adopt separated operation system.It is the best choice that Chinese commercial bank can made.According to Chinese situation ,we must establish our financial holding company law system.First, to standarize and control the financial holding companies activity by law,like to publish the major business of company ,etc.Second ,make use of Japanese legislative skill and experience ,improve and reconstruct Chinese financial holding company law . Made a comprehensive consideraton of 《Chinese People's Bank Law 》,《Banking Supervision Law》,《Commercial Bank Law 》,《Securities Law 》,《Insurance Law 》,《Company Law 》,etc .Abolish the provision of separating operation system and increase the provision about mixed operation system,establish a new 《Financial Holding Company Law 》.Third ,increases the pace of legislation,and makes financial holding company legal . The structure of 《Financial Holding Company Law》should include purpose of legislation ,the legal character of financial holding company,service range ,legal responsibility ,etc . Financial holding company can't run smoothly and healthily without effective and supervision,And efficient financial supervision depends on perfect legal system of financial supervision. Study the Chinese financial legal system and make reference of American supervision mode ,we are improving functional supervision step by step . Establish National Financial Supervision Commission.The Central Bank of China supervise the financial holding companies ,Bank Supervision Bureau,Securities Supervision Bureau,Insurance Supervision Bureau to supervise the related services .At the same time ,to buld up an imformation share system between different services ,avoid supervision vacuum and repetition , reduce the supervision expense , makes the supervision effective , and keep Chinese financial system stable , effective and competive .