Research On The Legal Issues Of European Union Banking Supervision Under The New Basel Capital Accord

Since 1970s, for successive failures occurred in the international banking and the major developed countries in the financial sector bank regulatory issues of common concern, the Basel Committee has formulated and published a large number of Basle. These documents closely which around the international banking prudential supervision and risk prevention theme, has proposed and elaborated a series of principles, rules, standards and recommendations.The mechanism for oversight and management of the banking sector of EU became maturity gradually with the basel capital accord and the Baselâ…¡will bring more important influence to it. For the regional economic integration, legislation diversification and other factors, EU member states shows a number of unique legal system and legal principles in the absorption and application of the new Basel Capital Accord for the banking supervisory process. The legal system and legal principles provides innumerable success stories for the international banking industry, particularly for the regulation of domestic banking in the developing countries. his paper talks about the old and the new Basel's generation, development, history and evolution, main contents, characteristics of the age as well as the existence of the merits and defects issues discussed, thus to highlight its international banking supervision, especially in the European Economic Community in the field of unparalleled the status and role.The coordination and cooperation mechanism that exits in European central banks of member countries with regard to prudential supervision in the banking sector has a great reference for financial regulatory reform in China.Through the use of empirical analysis, economic analysis, comparative analysis and historical analysis methods, this thesis mainly study on the relevant legal issues of European Union banking supervision under the New Basel Capital Accord, in order to provide a useful reference to China's banking regulator sound legal system.This paper is divided into four chapters:The first chapter introduces the background, the main content and the advantages and disadvantages of old and new Baselâ…¡,and At the same time in different periods of the documents on the comparison and analysis. The second chapter discusses EU's basic principles of banking supervision, legal sources, regulatory, main content and characteristics under the new Basel Capital Accord.The third chapter analyzes the new Basel Capital Accord's impact on banking supervision to the EU Member States. And pointed out the problems that exits in EU's banking supervision.The fourth chapter mainly talks about the implications from the new Basel Capital Accord for banking supervision in China. In view of the status quo of China's banking regulator, the thesis proposes a series of related measures to improve banking supervision.