The Study On The Defects Of Bank Supervision And Legal Correctness

Market economy is law-governed. The value, function and role of law are embodied in all aspects of the state management over the economic life. Any social relation is adjusted on the basis of law. As the core of modern economy, finance provides a powerful pushing force for the economic growth of a country. And banking being the core of the financial industry of a country, its stability and security is closely connected with that of the country's financial industry and even the whole national economy. Banking supervision is an important method of state management over financial relations, with the core being the supervision concept and the key being the supervision manner. The important thing in banking supervision is its effectiveness. A fruitful banking supervision can not only present the guiding direction for financial innovation but also impose a reasonable control over the indefinite banking risks, advancing the orderly development of banking finance and further assuring the healthy and stable growth of the national economy.Ever since 1980s, the world economic integration and financial globalization have brought about tremendous changes in the operation, supervision and management of the countries' banking industry. The financial innovation under financial globalization and freedom offered a chance of development for the countries'banking industry and also posed a challenge for banking supervision which led to a series of turbulence and crisis in the industry. The global financial tsunami in 2007 which was incurred by American "Subprime mortgage crisis" has exerted a great trauma upon the world economy. The governments of all the countries gradually attached great emphasis to banking supervision in financial work. Owing to various reasons, our economy avoided the impact of the crisis, but the banking supervision of our country has not been able to adapt itself to the requirement of the industry at a global level. The definition of supervision concept is nor reasonable and there exist a number of deficiencies in the supervision law system. Therefore, The author thought to reconstruct the value concept of our banking supervision from the aspect of the theory of law and remedy our current banking supervision law system with law.The present thesis firstly makes an analysis of banking supervision on the basis of the theory of law. Developed from the point of view of banking supervision value concept, the analysis clarifies the nature of banking supervision. Secondly, through a law approach to banking supervision, it reveals the deficiencies in our current supervision law and their cause. Thirdly, since the deficiencies are due to the extreme definition of our banking supervision value concept, a reconstruction of the value concept is carried out. Finally, after the reconstruction, a discussion is given about how to remedy the deficiency of our banking supervision in accordance with our banking supervision practice.