To Improve The Legal System Of China's Commercial Banks' Risk Of External Regulation

At present, the United States experienced "once-in" of the financial crisis, the center of the crisis on Wall Street at stake. The five major investment bank in Bear Stearns and Merrill Lynch have been acquired by banks, Lehman Brothers filed for bankruptcy protection, while the remaining two due to its transformation into the form of forced seeking bank holding company, Former Wall Street investment bank which shattered the myth. Commercial banks are high-risk industries, and commercial banks with rapid expansion of asset size, financial innovation and financial sector trends in the internationalization of the deepening of the complexity of commercial banks and uncertainty are increasing rapidly. As a result of commercial banks in a country's financial system was at the heart of its healthy and stable development of a country's political, economic and social development of the national economy plays a vital, therefore attaches great importance to all countries in the world of external supervision of commercial banks. With the scientific and technological progress and the growing financial innovation, commercial banks around the world has been the core of the regulatory compliance monitoring external risks shifted. With the process of economic globalization and China's financial market has become more sophisticated, China's commercial banking industry and the world closer together, the risks faced by commercial banks increased. Under such circumstances, strengthen the supervision of commercial banks is particularly important risk.The author analyzes the commercial banks of China's legal system external monitoring problems, from commercial banks in developed countries the successful experience of the regulatory system that China's commercial banks to the external monitoring system should be based on China's specific national conditions, it is necessary to in order to ensure the scientific nature of the regulatory authority and continuity, consistency and standardize the system into line with internationally accepted as the basic premise, the more comprehensive the risk of commercial banks to improve the external monitoring system.This article includes four parts:The first part of the commercial banks through the types of risks, of the types summarized as credit risk, market risk, liquidity risk, transaction risk, operational risk, business or event risk. So as to arrive at China's commercial banks to strengthen risk of the need for external supervision conclusions.Introduced through the second part of the United States, Japan, the United Kingdom's external commercial bank regulation at the same time an analysis of the United States, Japan, the United Kingdom outside the mode of regulation of commercial banks in the characteristics and shortcomings: Supervision of the United States two multi-mode, not only lead to waste of resources and also easy to reduce the efficiency of supervision; Japan regulatory model for corruption, provides a breeding ground for rent-seeking behavior; the UK regulatory approach to stress too much man-made factors, the system is not strong , the arbitrariness and flexibility are easy to breed corruption. China's commercial banks for external regulation of the valuable lessons of experience, lessons learned.The third part discusses the external supervision of commercial banks in the principles and objectives, regulatory principles, including fair and open, the main regulatory principles of independence, the principle of co-ordination, the principles of appropriate supervision, as well as the principle of efficiency; Regulatory objectives including the promotion of legitimate commercial banks, steady operation and maintenance of public confidence in the commercial banking sector, but also the commercial banking sector should be the protection of fair competition, improve the competitiveness of commercial banks.Part IV discusses the commercial banking market and the content of external regulation on the current China's commercial banks to the content of external supervision of commercial banks include the supervision of market access, commercial banks the risks of doing business, as well as the supervision of commercial banks out of the market regulation, through an analysis of their problems and loopholes, such as laws and regulations lag, lack of law enforcement, regulatory focus on market access and commercial banks with little attention to the risks of doing business.