Research On Legal Supervision Of The Financial Holding Company

Banks engage in various financial businesses and all kinds of financial holding companies(hereafter as FHC) thus formed, which has a deep impact on China's financial industry. China by now has several types of FHC, which has become part of China's financial market.On the basis of the introduction of the advantage and risk of FHC, the international trend of FHC's supervision, the supervision legal system of FHC of some countries and the enlightenment of the legislation to China, this thesis discusses the supervision principle of FHC, analyses the development and the present situation of China's FHC, pointing out the defects of China's financial supervision laws status quo and putting forwards some specific design suggestions on the supervision legal system.There are five chapters: Chapter I, brief introduction, interpretation of the definition and variations in FHC's organizational form, and analysis of it's advantages and risks. Chapter II some countries'supervision system of FHC such as the U.S., England, Germany, Japan are introduced, expounding their experiences for our reference, such as promotion of legislation on FHC and improvement of financial supervision system which includes reinforcement of industry supervision, establishment of lead supervision regulator, cooperation among various industry supervision organization, equal stress of supervision and self-regulation, plan for urgent condition cooperation between international supervision organization. In chapter III, the author analyses China's present developing situation of FHC and the defects of the current financial supervision laws. Chapter IV is the key chapter. It explains the supervision principles of FHC, including supervision by law, principle of supervision by appropriate measure, principle of continuous and systematic supervision, principle of efficiency, principle of international cooperation and principle of integration of internal and external supervision. And then makes a research on China's supervision legislation of FHC, then put forwards some suggestions, pointing out that the preconditions are there for FHC and schedules the reform of China's financial supervision system, including founding of the lead supervision regulator, reinforcing the functional supervision legislation, establishingthe built-in control system and the external supervision system, supervising interrelated transaction, supervising monopoly activities, reinforcing the international cooperation of financial supervision.