A Study On Some Legal Problems In The Reform Of State-owned Commercial Banks

The state-owned banks, such as the Industrial and Commercial Bank of China, the Agricultural Bank of China, the China Construction Bank and the Bank of China etc, are the principle part of our bank system. Facing with the finance globalization and the increasingly fierce competition between banks home and abroad, the state-owned banks are carrying out a complete reform to strengthen their comprehensive competitiveness, and have already achieved a periodic result. However, there are still many flaws in our current relative laws and rules, which cannot meet the needs of the reform. And the contradiction resulted by those flaws is becoming more and more prominent with the deepening of the reform.This text looks back the history of the reform of our state-owned commercial banks in more than 20 years firstly. And based on it, the author analyzes in the present reform stage of the state-owned commercial banks, the defects in current laws and rules, in terms of the legislative principle, the property rights system, corporate governance and the other relative areas, and their historical root. The author also reveals the practical consequences of these shortcomings. Then, the author introduces the relative laws and experience of foreign countries for comparative study. And combining with our actual national conditions, the text puts forward some constructive opinions and advices on how to build up an international bank legal system, how to Improve the property rights system of legal person of the state-owned commercial banks, how to design a scientific and reasonable reform project of the share-holding structure of the state-owned commercial banks, how to perfect the Company Law and the other relative laws and rules further more to raise the efficiency of the corporate governance, and how to establish and improve the financial bankruptcy system, the deposit insurance system and the relative tax system, to provide a better legal guarantee for the reform of state-owned commercial banks.The first part of this text mainly makes a summary on the reform history of our state-owned commercial banks and the results of current reform; The second part analyzes the existent flaws in our current laws and rules and their consequences in present reform stage from four aspects; The third part makes a comparative study on foreign legislation modes and their practical experience correspondingly; And the fourth part, combining with foreign experience and our national condition, puts forward some suggestions on the further refinement of the relative laws and rules of the reform of our state-owned commercial banks. By this text, the author wishes to contribute a mite to the deepening reform of our state-owned banks.