The Research On Some Legal Issues About The Supervision In Foreign-capital Banks

China has already joined the World Trade Organization. To China's transnational banking industry, the "Service Trade Always Reached an agreement" and "Financial Service Trade Agreement" of the World Trade Organization is not only the opportunity, but also the challenges. At the same time it also set the new higher request to China's foreign capital bank supervising and managing. Through on the summary and the model of the successful experience from the international foreign capital bank supervises and manages ,this article attempts to construct and consummate the foreign capital bank supervising and managing law system of our country , improve our country's foreign capital bank supervising and managing mentality, the way and the technology, in order to safeguard the transnational banking industry to be able to be supposed to the international finance integration and the financial liberalization impact, can steady, be balanced, highly effective develop.Taking analysis of general theory of supervision in banks with foreign capital as base, this paper introduces and appraises with comments on the concrete contents of the supervision of banks with foreign capital and the international rules of supervision of international bank. Aiming at the shortages of the present supervision system of banks with foreign capital in our country, this paper also provides completed positive ideas. The article first introduces the foreign capital bank supervising and managing general theory, including foreign capital bank supervising and managing meaning, principle and goal three aspects content. The second part analysis the foreign capital bank supervising and managing concrete content. From the before, in, after aspects of supervising and managing of the foreign capital bank, the article summarize the foreign capital bank supervising and managing content as a system. The third part carries on the elaboration to the foreign capital bank supervising and managing international practice. Some country's typical procedures are represented and supply the model; In this part, the author also carry on the related content of "Service Trade Always To reach an agreement" and "Basel Agreement" which has been achieved the mutual recognition. Last part, also is the concrete question which this article must solve, about Chinese foreign capital bank supervising and managing system perfect question. The author has first briefly analyzed the present situation of the foreigncapital bank in our country as well as the insufficiency and the flaw which exist in the supervising and managing aspect. The emphasis of this part is how to consummate the supervising and managing system. Through on the inspection international advanced experience and the procedure, based on our country's actual situation, the author proposes own system: Take national treatment primarily, moderate protection as auxiliary supervising and managing pattern; From the adjustment foreign capital bank region distribution, key guides the organization form, aspect and so on strengthened classification management to strengthen the market access supervising and managing; Take the comprehensive risk management as the idea, strengthens the foreign capital bank the risk management; Fill foreign capital bank market withdrawal supervising and managing blank, strengthened foreign capital bank crisis recovery ability; Strengthens foreign capital bank supervising and managing the international exchange and the cooperation.In the research of this article the author utilizes the legal science, economic, finance knowledge. Through comparative analysis, concluding and integrating, the author has achieved the anticipated research goal. This article provides the reference price to the supervision and management of the foreign capital bank law for our country.