The Study Of The Evolution Of The Banking Supervision Law Of China From The View Of The New Basel Capital Accord

As per the specialities of the banking, i.e., the external effect and the asymmetry of the information, every country must supervise the banking in order to guarantee it can run safely and solidly. In 1970s, there came a new requirement from the globalization of finance on the international cooperation of the banking supervision and the unification of the supervision standards, which gave birth to the Basel Capital Accords. In June, 2004, the Basel Committee released the final version of the new Framework, which bases upon three pillars: minimum capital requirements, supervisory review process, and market discipline. It covers the credit risk, the market risk, and the operational risk. And its core is IRB. The new Framework provides the new standard for the banking supervision in the world. In China, the deregulation and the globalization of finance require to use the new Framework for systematic reference. From the view of the new Framework, the banking supervision law of China can be developed from the following aspects: to build a systematic supervision law of the credit risk; to take into account the risk of operation; to legislate the relative supervisory review process; to consummate the legislation of legal duties, and to strengthen the executing effect of the third pillar; and to develop the system of the external credit rating.