Investigation On The Legal Issue Of Transnational Bank Supervision

With the development of economical globalization and financial liberalization, the role and influence of transnational bank have been gradually promoted. Transnational bank has appeared to weigh much in the world financial industries. Therefore it is necessary to supervise and manage transnational bank to ensure that transnational bank run the business legally. Now, many countries have established clear, detailed and reasonable legal systems of transnational bank supervision. With China's entry into WTO and influx of foreign bank, our bank supervision is up against a great number of challenges. How to integrate the legal system and improv the transnational bank supervision are important to construct financial system and develope the national economy.This thesis attempts to study the supervisory system of transnational bank in the line with state supervision to international supervision by the way of comparative method, material method and historical method. Finally the thesis raises the legislative advice on how to perfect our supervisory system of transnational bank.This thesis consists of five parts:The first chapter 1 mainly introduces the transnational bank supervision. It can be divided into two aspects: Firstly, the thesis introduces the development, definition and characteristics of the transnational bank, so that readers have a preliminary understanding of the transnational bank supervision. Secondly, the thesis summarizes transnational bank supervision. On the basis of economics and jurisprudence, through the presentation of the basic principles, the thesis clears the starting point and guide of transnational bank supervision.The second chapter studies the host supervision. The host supervision is individual supervision .The main theory is territorial jurisdiction. Due to the difference of political, economic, cultural and the extent of opening up the bank, the standards of treatment to transnational bank are slightly different. The thesis also analyzes the transnational bank on market access, business in host countries and withdrawal from host countries.The third chapter studies home supervision. Home supervision is a kind of consolidated supervision, which is based on territorial jurisdiction, personal jurisdiction or protective jurisdiction. Through the collapse of Bank of Credit and Commercial International, the thesis introduces necessity and urgency of strengthening the transnational bank supervision. By analyzing the relationship with home supervision and host supervision, the thesis definitudes the responsibility of home supervision.The fourth chapter deals with the international supervision. Through introducing the failure of Barings bank and basing on the principle of national cooperation and development, the thesis explains necessity of the international supervision. Finally, the thesis illuminates the Basel system and essential content of the New Capital Accord.The fifth chapter mentions the suggestion about perfecting the legal system of foreign bank for our country. Analyzing the status and shortcoming of Chinese legal regulation of foreign banks on the basis of other coutry's more mature experience, the thesis raises some legislative advice on how to perfect the supervision of foreign bank in our country.