A Research On The Legal Problems Of Supervision Over Foreign Banks In Our Country

In the first economical finance situation conference of Foreign bank of 2008, The China Banking Regulatory Commission(CBRC)points out that as the development of the opening up of Chinese Banking Industry to the world in 2007, and the foreign capital further enlarges its participation in Chinese financial market. The Chinese banking regulator has approved 21 foreign banks to transform their Chinese branches into foreign corporate banks. The total assets of the foreign banks amounted 171.463 billion US. Dollars, being 2.4pct of the total Chinese banking assets. That is to say, as the development of Chinese banking industry's opening up, the foreign banks'participation in the Chinese market is a historical trend. In a certain significance, Banking industry's opening up to the world is advantageous in improving our country's banking capital structure, increase the financial capital, and get more modern banking management concept. But if the foreign bank is not supervised properly, the financial industry's security of our country will be threatened. And it will even influence the stability of our society. At present our country already established a banking supervision system, but referring to the Foreign bank, the supervision rules seem to be weak and out of date, which can not fully represent the international rules and proper supervision ideas as well as the supervision frame. In order to overcome the negative effect of the foreign bank brings, and insure our banking industry develop healthy, it is necessary to carry out the careful effective supervision to the foreign bank.This article mainly discusses the legal problems of supervision over foreign banks in the global economic integration. The text is divided into six chapters altogether. The first chapter is the introduction part, which mainly introduces that the writing background of this article in order to complete the upholstery for the topic research's development. In the second chapter, the legal regulations constitute the theory basis of this article, which mainly introduces the foreign bank's business concept. The third chapter utilizes the comparative analysis method, through carrying on the comparative analysis to the legal regime's related stipulation in the Foreign bank supervision of the main developed countries, and unifies to supervise system's related content of Barthel, summarizes the present legal framework construction in the Foreign bank supervision worldwide, from which the advanced experience is worth to be used for reference. The fourth chapter analyzes the legal regime's present situation of foreign bank supervision in our country. The fifth chapter solves the questions exist in the view of our country Foreign bank supervisory system, simultaneously points out the concrete proposal about our country Foreign bank's supervision. The conclusion part of the sixth chapter summarizes the full text viewpoint and the primary intention.