Research On Legal Issue Of Governance Structure In Commercial Bank

Facing foreign commercial banks competition, China's commercial banks transformation has been basically completed and is being constructed in line with China's national conditions of the commercial banking governance structure. In the development of many Commercial banks of the new situation the new governance structure being required. This paper from the commercial banks governance structure starts with the basic theory and found that stakeholder theory of governance in line with commercial banks particularity.Because China's commercial banks governance structure aspects of the legal system is very lag. China's commercial banking industry is a common cause of many problems. Legal transplantation requires not only advanced legal system, the need for more integration of the system and the legal system. Research on commercial banks in the corporate governance legal system, the system should be through analysis of the formation and development of social, economic background and theoretical basis, and explore its decisive factor.Two Schools of commercial banks by comparing patterns of different governance structure, found common law model of governance that is the biggest characteristic of ownership dispersion, mainly relying on external forces for the implementation of management control. In this mode of ownership and the right to operate because of the separation, dispersed ownership of the shareholders could not effectively monitor the management, and so they have-agent problem. Internal governance structure and civil law due to the bank's capital came mainly from the dominant consortium, which rely more on debt constraints and the operator's self-restraint, as well as non-corporate shareholders in the bank under the control of normal. Objectively speaking, these two models in different countries, different circumstances have played a very important role in the promotion of their respective countries the rapid economic development. Moreover, as the economic and financial globalization process accelerated, in recent years, two models are also constant interaction, and constantly integration so as to further enhanced the effectiveness of governance structures.China's commercial banks governance structure has been made great progress, but many problems still exist, such as the absence of all the problem has not been fundamentally resolved, the legal status of the board of trustees is not clear, of the powers of directors obligations need to be further improved, and so on. China's commercial banks caused corporate governance deficiencies and the cause of the problem is multi-faceted, and the imperfection of the legal system is the most fundamental one of the reasons. By analyzing the legal system related to the lack of relevant legal system through the improvement of China's commercial banks to improve governance structure.