The Study On The Legal System Of Banking Legal Risk In China Under The Context Of Financial Globalization

In recent years, the international community and the successive outbreaks of many domestic financial risks of illegal events, and financial risk as a vocabulary of coexistence also with the economic development of the banking sector mixed with the industry trend of increasingly apparent in the financial process of globalization. Concrete manifestation of the shareholding system in state-owned commercial bank reform. From the bank, the four banks of the restructuring of corporate governance required norms, the operating mechanisms of conversion is not complete; internal control and risk management system needs further improvement in the implementation of branches at all levels; high-quality management Lack of personnel and employees of both the volume of contradictions, and lack of innovation, homogeneous, low-level competition is relatively conspicuous. From the banking external environment, the state-owned commercial banks will face more severe competition in the market. Based on the analysis of the banking industry legal status on the basis of risk, financial risk analysis by monitoring the basic theory and comparative analysis of foreign financial regulatory risk model in light of the realities in China, based on financial supervision and the main mode of China's financial supervision mechanism specific to the Department of Construction Focus on research, proposed a "four in one" mode of regulation.First of all, from the economics, management, law and other relevant theory, the author analyzes the theory of banking regulation based on the necessary analysis. The economic basis of the banking regulation includes "cost and benefit" and "asymmetric information"; The management basis of the banking regulation incledes "theory of risk management, The jurisprudence basis of the banking regulation includes"value of law", "rights law", and other basic theory, multidisciplinary perspective on the issue of banking regulation and a more Comprehensive system of analysis for the study of the financial risk of legal regulation to provide a theoretical foundation.Secondly,it is need to inspect the the major developed countries the United Kingdom, the United States, Japan's banking regulation system, legal systemand the practical functioning on the substantive aspects of the operation, and through the supervision of China's comparative analysis of the status, summed up the experience of foreign-related patterns of inspiration: Regulatory departments of the division of institutional collaboration, financial legislation and financial supervision and coordination of separate supervision of the regulatory function to the changes, the establishment of industry self-regulatory mechanism. These experiences of China's existing institutional improvement of the regulatory approach is of great reference.The third but not last, from the perspective of monitoring the main legal risks to China's financial regulatory framework model of innovation. Draw on foreign experiences in the foundation and give full consideration to the conditions of our country on the basis of "the main - power (right)," paradigm for the study and practice approach, proposed building led to government regulation, vigorously train with the industry self-regulation organization, Actively encourage the public supervision and internal control of banking institutions, banking authorities generals-with industry self-regulatory organizations-social supervision-one of four banking institutions in China's financial legal risk regulatory approach.Finally, the author design a legal system of banking legal risk to ensure the regulation mode practicing effectively. From the whole idea, a comprehensive legal risk monitoring system needs to meet four basic requirments: the effective regulation and deregulation of unity, the banking industry legal risks of stringent regulatory system: regulatory independence and accountability of the integration of banking supervision system of legal risk open : Domestic and international regulatory bodies compatible regulatory agencies, banking supervision system of legal risk completeness of: internal control and supervision of the normative line. From the specific perspective of the eight entities that improve the law on the system, mainly refers to: improve Ensure effective monitoring mode of operation of the legal system. Including the responsibility of restraint system, risk early warning system, risk assessment system, monitoring and evaluation system inspection rules, information disclosure system, regulatory resources and information sharing mechanism, internal control systems, risk management and post-evaluation mechanism for continuous improvement of eight specific systems.This paper provides references on the relevant government units as the future legislation and amendment of law, with the help of the domestic bank regulation sustained and healthy development.