Investigation On The Legal System Of Transnational Bank Supervision

With the background of economical globalization and financial liberalization, there come the disastrous and widely influential translational bank financial risk and crisis, in concomitance with the full-scale expansion and developments of transnational bank business. With this consideration, to enhance and improve the legal system of transnational bank supervision becomes the main point of the national and international financial law system. Within the region of the transnational bank supervision, Basle Committee is the most influential association. From the 1970's, Basle Committee has issued a great number of law documents about the transnational bank supervision, which comprises the Basle Committee on Banking Regulations and Supervision Practices System (BCBRSPS). At present, the BCBRSPS is the most important legal system embodiment of the transnational bank supervision, which represents the up-to-date achievements and development trends in the region of international financial bank supervision, and arouses the far-reaching influence on the region of international bank supervision.With the acceptation of P.R. China as the member of WTO, the legal system of China's banking supervision is up against a great number of challenges. It has been the imminent demand to accordingly improve the bank supervision legal system. The China financial supervision authority has claimed in public to adopt the bank supervision principles and regulations, approved by the Basle Concordat. Thus, the thorough and systematical investigation on the BCBRSPS exhibits the great theoretical and practical significance to improve China's bank supervision legal system, stabilize and promote the financial order, and guarantee the corresponding rights and interests.The thesis is composed by four parts: preface, overview of the legal system of transnational bank supervision, the BCBRSPS, relationship of the BCBRSPS and the improvement of China's bank supervision legal system.The "preface" part demonstrates the Basle Committee and the important role of the BCBRSPS in the region of international bank supervision. The significant use for reference of investigation on the BCBRSPS is also illustrated.In the part of "overview of the law system of transnational bank supervision", the basic concepts of "bank", "transnational bank", "foreign capital bank", and so on, are defined. The three main components, about the legal system of transnational bank supervision, are discussed: host country supervision, home country supervision and the international supervision.The "BCBRSPS" is the kernel of this thesis. After the discussion of historical evolution of the BCBRSPS, the backgrounds, main regulations, achievements anddeficiencies are thoroughly and deeply probed in the seven core documents: the 1975 Basle Concordat, the revised Basle Concordat of 1983, the 1988 International Convergence of Capital Measurement and Capital Standards, the 1992 the Basle Minimum Standards, the 1996 Market Risk Amendment, the 1997 Core Principles for Effective Banking Supervision and Regulation, and the Basel New Capital Accord. In the thesis, the law character of BCBRSPS is also analyzed and regarded as the international tradition. The final "to view the new trend of transnational bank supervision from the BCBRSPS" exhibits the seven main trends.With the comparison of the BCBRSPS and the new trend of transnational bank supervision, the "relationship of the BCBRSPS and the improvement of China's bank supervision legal system" analyzes the present situation and deficiencies of China's bank supervision legal system in the capital, bank risk management system, bank interior control system, bank information publicity system, foreign-funded bank supervision legal system. The improvement strategies are also brought forward accordingly.