The Study On Supervision For Operating Risks Of Foreign-Funded Banks

The banking industry in China has been completely open up at the end of 2006. More and more foreign banks are joining in the Chinese finance system in diversified manners, and become one important constituent of it.Foreign banks' access to China has two sides of effect. It has the possibility to pass or transmit their operating risks to China when it may bring the positive influence to our country's finance deepen and the economical development. Based on the analysis to the foreign banks' development and the economical influence, it can be concluded that the foreign banks' operating in China has brought the new challenge for Chinese government to carry out the effective supervision and management. In this thesis, it is firstly introduced the general conditions of the development of the operating risks of foreign-founded banks, and then development of the foreign-funded banks in China. Then the operating risks accompanied with the introduced foreign-founded banks. Based on the above-mentioned discussion, the author analyzes our current legislation about foreign-founded banks and the existing problems, expounding the new problems in construction of legal system of operating risks supervision for foreign-founded banks in China. Then, the author analyzes the, main problems in this field. Finally the author points out the development orientation and the way to consummate main policies, legal measures and legal mechanism regarding the operating risks supervision for foreign-funded banks. The purpose of this thesis is to analyze the main problems and points out the legal measures, after looking into the new problems in construction of legal system of foreign-founded banks risks control in china, at last, to provide a new way in legislation and policy-making of this field.The major ideas in this Thesis are as follows:In light of the construction of the legal system of operating risks supervision for foreign-founded banks in China, the key problem is the defect in foreign-founded banks policy and the lack of recognition of operating risks supervision for foreign-funded banks and relevant legal system and legal mechanism, which causes the ineffectiveness on operating risks supervision for foreign-funded banks and also affects the economic development and financial stability in China. With regard to the forgoing problems in the construction of legal system in this field, considering the development orientation of the same, China should adjust and improve the policy and legislation of operating risks supervision for foreign-founded banks, so that we can consummate the relevant regulation and policy. We should change our operating ideas and functions, improve relevant legislation for purposes of meeting the requirements of WTO rules, performing our commitment on finance services, increasing the efficacy of operating risks supervision and further preventing and controlling the financial risks. The specific measures includes: further perfecting the relevant financial legal system of foreign-founded banks risks control; improving the operating and supervision institution, enacting the foreign-founded banks rank system, putting more emphasis on rate of capital sufficiency, perfecting the legislation in foreign-founded banks business operations, encouraging the international cooperation in supervision. In addition to putting forward policies and measures responding to the problems in legal construction in operating risks supervision for foreign-founded banks, we should also establish other corresponding legal mechanism to control the foreign-founded banks risks in order to procure the supervision on the operating risks of foreign-funded risks and strengthen its efficacy.