Study On The Legal Supervision System Over The Foreign Capitals' M&A Of Chinese Commercial Banks

With the further open of the financial market, there are more and more cases concerning foreign capitals which are introduced into Chinese Banking by means of M&A. What the M&A of domestic commercial banks by foreign capitals brings are not only benefit to us, but also potential risks and new challenges to the national finance security as well as the supervision of financial market. As the relevant law of our country is far from satisfaction and legislation is lack of experience, it is a crucial issue for the legal system of supervision that how to develop the positive effect during the process of M&A, and restrain the potential risks at the same time.The thesis is start from the law researchful point of view, and analyses the current situations of Chinese legislations and existing problems on the basis of relevant law concepts and basic theories, try to bring forward advices on a scientific and doable legislation system of Chinese supervision on the M&A of foreign capitals with the reference of law system and judicatory practice in the developed countries, in order to promote the healthy and steady development of Chinese Banking, and guarantee the safe of finance and sustainable development of our country.There are altogether five parts except introduction and conclusion.The first part are the interpretations of law concepts, including Foreign Capitals, M&A, and M&A of Chinese commercial banks by Foreign Capitals, and further analyses on the characteristics and basic patterns of M&A of Chinese commercial banks by foreign capitals. The purpose is to show the necessity of supervising on M&A by summarize the positive and negative influences of this issue.The second part is the theoretical basis in law of supervising M&A of Chinese commercial banks by foreign capitals, try to analysis the lawful attribute and value of M&A by the foreign capitals, and introduce the international legislation principles for the purpose of realizing those lawful values.The third part is the comparison and discussion of legal supervising system of M&A abroad, including the introductions and comparison of legal systems in USA, UK and Japan. These can be useful for reference to Chinese legislations.The fourth part is the current situation of supervisions on M&A of Chinese commercial banks by foreign capitals; and conclusion of related legislations and regulations of M&A of Chinese commercial banks by foreign capitals in our country from both macroscopical and microcosmic perspectives. At last, try to find out existing problems of Chinese legislations and regulations.Part Five is the keystone of this paper, as this part stresses on the countermeasures which could perfect legal supervision system of M&A of Chinese commercial banks by foreign capitals in our country. On the one hand, the government should handle macroscopical adjustment; define objects of supervision, and perfect legislation system. On the other hand, we should come up with reasonable suggestions on examine and approval principles, shareholding issue, auxiliary system, and partnerships, etc.