The Research On Legal Problem Of Commercial Bank's Participation In Corporate Governance

Commercial bank participates in corporate governance is the objective requirement that market economy develops, it is of important significance for improving corporate governance structure. Chinese commercial bank also participates in corporate governance to some extent, however, it is mainly passive participation and still exist some problems in practice. As the trend of economic globalization getting more current today, it is of great point to construct new bank-enterprise relationship and strengthen the dynamics of commercial bank participates in corporate governance. This article hopes that thorough analyzing the legal problem that commercial bank participates in corporate governance, on the basis of foreign successful experience, combine the realistic situation of our country, explores an suitable legal way for our country's commercial bank participates in corporate governance. This article has proved the theory basis of commercial bank participates in corporate governance from the three aspects at first, indicated its participation in corporate governance has deep legal principle basis. To solve the actual problem of our country, it is essential to study other countries' relevant experience. This article investigates the legal practice of the foreign bank participates in corporate governance for this text, through the comparative analysis of different participation model, have obtained some enlightenment to the participation model of our country 's commercial bank participates in corporate governance. Then the article introduced the historical development of the relation between banks and corporate of our country, and analyzed the existing way that the commercial bank participates in corporate governance of our country, has pointed out the existing problem. The article finally discussed the concrete construction of the legal system of our country's commercial bank participates in corporate governance. At the moment, there are two stages we may follow. The first stage is that as the main creditor of the corporate, the commercial bank may participate in corporate governance in the "internal surveillance model". After accomplishment of various kinds of reform measures, we can reach the second stage, which is "co-governance model". Specifically speaking, the commercial bank by holding the corporate's share to participate in corporate governance in name of the corporate's shareholder and creditor. Meanwhile, but also must through the modification and improvement of relevant laws and regulations, Create the corresponding system and legal environment for the commercial bank participates in corporate governance.