Research On Supervision Legal System Of Market Access For Foreign Banks

The introduction of foreign banks is undoubtedly a double-edged sword, on the one hand, we need to open the door and introduce advanced management experience, technological achievements, on the other hand, foreign banks has brought to China's nascent nation's financial industry great impact, and created the conditions of cross-border spread of financial crisis. How to implement effective regulation of foreign banks to avoid financial crisis, which becomes the hot issues concerned to China's theory of community and practitioners. Since the 1980s, developed countries have been continuing to open up new overseas markets, multinational banks have strengthened its overseas expansion, which can be exempted from the operation of various business frontiers under the influence of financial integration. With the relaxation of competition rules, financial liberalization makes foreign banks "seek profit" feature to an extreme. Financial and economic liberalization, coupled with the globalization of markets has changed the contours of the world's financial system. Financial integration and opening up policy promote the development of the financial industry, but it also makes the crisis-ridden undercurrent with the combination of many factors that ultimately lead to financial crisis. Banking supervision is a part of promoting financial market stability. To achieve robust regulatory objectives, and control the financial risks brought by transnational banks, we must establish a perfect market constraints and the provision of appropriate legal mechanism for financial supervision.WTO members should follow the basic principles of market access principle, MFN principle, national treatment principle.The Basel Committee's "licensing and structure" in the "Core Principles for Effective Banking Supervision" provides that:the issuing authority must have the right to develop licensing standards and reject the request of all non-compliant. This shows that market access for foreign banks to enter the market as the threshold is the country attached the greatest importance of supervision. As the WTO process, the deepening of financial reform, foreign banks will challenge the rapid development of China's current financial system, which will directly affect the safe operation of China's financial security. The first world economic crisis'impact which continues to this day of this century is vivid and strengthen the reform of banking supervision is imperative to study.There are three innovations of this article. First, the author believes that national treatment principle of market access for foreign banks' is restrictive principle, and there is no absolute principle of national treatment. Second, organizational model of regulation for financial regulation been carried out on the whole, the author introduces market access for foreign banks in an effort to propose organizational model reform requirements.Third, combining with empirical information to conduct mergers and acquisitions analysis, the author propose regulatory requirements outside the organizational form of the market access for foreign banks.