Research On The Market Regulation Of China's Banking Industry

Banking is the core of the modern market economy, banking order is directly related to the stable and healthy development of the national economy. In recent years around the world, all countries attach great importance to the regulation of commercial banks. In China, the issue of banking supervision has been a major issue of concern. The practice of market economies shows that the banking industry because of its special nature, is subject to the most stringent industry regulation, and banking supervision is also the focus of national legal content. Because, regardless of the banking supervisory system is reflected in action, it usually can be seen as a legal issue. Therefore, this article focuses on the legal point of view.In order to maximize and protect a healthy banking sector the performance of the market mechanism at the same time, the maximum restraint Banking adverse effects of market mechanisms, market mechanisms to prevent the banking industry that may arise out of order, so that the operation of the banking sector towards the market mechanism is conducive to to promote social progress, equity and justice, such as a deeper realization of the goal, we must be on the banking industry, the appropriate legal regulations. Market Regulation of the need for the banking industry from legal philosophy, law and economics and sociology to the point of argument started.China's relevant laws on the banking market access, information disclosure system and out of the market for an effective regulatory system, but there are still many problems and shortcomings. Market access in the banking sector, access to systematic monitoring low level of regulations, agencies have many gaps in access, business access system is also very obvious limitations. Information disclosure in the banking system, little information content, lack of initiative, lack of effective market mechanism to punish and protect. Out of the market in the banking sector, the lack of a sound legal system, bank insolvency, lack of market mechanism to withdraw from the corresponding protection, social awareness of financial risks, weak, out of the market after the accountability system and the lack of post-evaluation mechanism.West of the major developed countries a relatively sound banking sector, in banking, market access, information disclosure system and the market out of these three aspects of the establishment of a unique legal system of banking supervision, with the advanced experience. These advanced experience of China has a lot of inspiration: market access in the banking sector, the legislation should learn from the United States, Japan's strict censorship, it is necessary to strengthen market access and monitoring of care. Information disclosure in the banking system, it is necessary to strengthen the government and regulatory intervention in the disclosure of information, the disclosure of bank information technology level and level of development of their business is closely tied to adapt. Withdraw from the area in the banking market, it is necessary to establish a loss-sharing mechanisms, the establishment of institutions to the brink of collapse to divest non-performing assets of the system, improve the banking market to withdraw from the matching mechanism.For China's banking industry in terms of market access, information disclosure system and market presence in these three areas out of the many problems and shortcomings, we should take effective measures to continue to be improved. Market access in the banking sector, it is necessary to amend the banking law, the agency access to the system should pay attention to strengthening the rule of strict and systematic boldly component of the systematic supervision of the business document access. Information disclosure in the banking system, improve the normative content of the disclosure of information, clear in the commercial banks to disclose the contents of the information adhere to the voluntary disclosure and mandatory disclosure of the principle of combining and strengthening the supervision of information disclosure, and the establishment of disciplinary safeguards. Out of the market in the banking sector, the establishment of financial institutions to the market withdrawal of the legal system, the establishment of a deposit insurance system and the formation of financial risks insurance companies, make great efforts to cultivate awareness of financial risks, the establishment of accountability out of the market and post-evaluation system.