Legal Consideration Of Improper Regulation And Supervision Infringing The Business Right Of Bank

Because of its special position and the important role to the finance and even the economic,both the theory and the practice get the same opinion that the bank regulation and supervision is essential.Since Glass-Steagall Act was published in1933,separated operation and separated supervision has become the main financial model.With the developing of the practice,this system keeps away from the potential risk and deals with the financial crisis well.And with the publication of The Law of the People's Republic of China on Commercial Banks and The Law of the people's Republic of china on Regulation of and supervision over the Banking Industry,China transplants the soul of this system and develops the model frame by combining the detail situation of our country.Recognizing the essential of bank regulation and supervision,it is important to find a right way to practice it.The rigid system of separated supervision itself and its actual effect have been paid more and more attention,especially when the market competition is more acutely and the tendency of finance is more global and freedom.The person preferring rigid regulation and supervision hates the potential risk and asks for maintaining the present situation.And the integration of business is allowed only on very special occasion.The person preferring loosing regulation and supervision emphasizes the tendency of max industry,and has the opinion of loosening the regulation and permitting the opening the bank business. Whatever opinion they take,they always neglect the negative effect, especially for the infringe upon the business right of bank.Inequality position made the improper regulation and supervision has a much worse result than general tort.With the importance of bank to the finance and economic systems, there are many researches focus on bank regulation and supervision.But it is hardly anyone on improper regulation and supervision infringing the business right of bank.And that is the purpose of this paper:from the opposite thought,the bank regulation and supervision is researched by the way of a new point cutting-in.This paper is finished by the way of the relationship between the supervision and the business right of bank.And several different methods have been used here.Except the prelude and conclusion,this paper can be divided into three parts,including:Part One:Bank regulation & supervision and business right of bankPart Two:Improper regulation & supervision infringing the business right of bankPart Three:Rescue to the damage of infringe upon the business right of bank by improper regulation & supervision...