Improvement Of Chinese Foreign-Funded Bank Market Access Supervision Law

Since 1990s, European currency crisis, Mexican financial crisis and Asian financial crisis broke out in international finance field; those impacts brought us a painful lesson. As the acceleration of financial innovation, development of credit derivatives market, asset securitization and warrants market, banks could transfer the credit risk to other market participants by effective financial tool, this transnational character further aggravate the possibility of market failures. How to strengthen the supervision of foreign banks has become a vital issue.Because of the continuous upgrade of the financial risk, increase of the proportion of foreign banks in China. China improved the relevant legal systems of access supervision constantly, but there are still many limitations. For lacking of forward-looking, Chinese regulation of foreign banks access supervision has been modified for several times, these provisions consists in several laws, regulations and department rules, until now there's not a systematic legal system. What's worth mention is that,"Regulations of Foreign Banks" is ordinate according to the request of WTO, foreign banks share more national treatment in our country, but now domestic banks and foreign banks are supervised by"Commercial Bank Law"and"Regulations of Foreign Banks"respectively. Obviously, these two legal systems don't conform to the rule of national treatment. In addition to the deficiencies of the legal system, the specific provisions of Chinese regulation of foreign banks also need to mend. The essay try to analyze the international financial risks and the basic legal knowledge, by the meantime, integrate the relevant regulations of WTO, the Basel and European Union, advance relevant treasures to improve Chinese legal system of foreign bank access.