Research On The Administrative Guidance For Bank Supervision

Administrative guidance is the result appeared in the process of the development of market economy, in which the notion of democracy, the market economy, the government role and administrative model of the world changed. Since World War II, many countries use administrative guidance to manage their national economic activities and have got great achievement. As administrative guidance is a new administrative behavior without traditional legal effect, so itself still have many immature factors both in theory and practice. China's banking supervision try to learn from Hong Kong and other western countries to take a rigid and flexible administrative supervisory guidance. The supervision has issued a series of supervisory guidelines to regulate the business operations of commercial Banks and has positive regulation effect. However, due to the imperfection of administrative guidance in theory and in practice, its role in banking regulation has not yet been fully developed. By researching the administrative guidance in banking supervision and analyzing the legal character and practical problems in banking supervision, the author puts forward the corresponding suggestion. Firstly, the author introduces the general situation of administrative guidance of China's banking supervision from the concept, characteristic and forms. Then the author tries to identify the character of administrative guidance for banking supervision by analyzing the legal principle and legal character. After the analysis of the problems of administrative guidance in China's banking supervision, the author finally put forward his suggestions about the perfection of administrative guidance in China's banking supervision.