The Legal Risk And Prevention Of Intermediate Business In Chinese Commercial Bank

As the economic in our country developing so fast and the environment of our banks having changed so much, Chinese commercial banks are facing the intensive competitions all-round with foreign institutions in the field of finance, and among them the focus of competitions is intermediate business. With the prosperities of intermediate business, the managing of business bank's intermediate business risks was put into agenda.At present, although intermediate business has not caused distinct risky influences on the commercial banks, seen from long-run, it will become a future developing trend in extending business and gaining non-interest incomes, we can't neglect the latent risks of the intermediate business. However, in the process of controlling intermediate business risk, the legal risk of intermediate business is ignored. Many people think that it's no use establishing intermediate business law department, which could not profit commercial bank directly, on the contrary the other department of commercial bank could. So the construction of intermediate business law department goes slowly. What's more, intermediate business started late in China and laws concerned are lagging behind, so banks face more risks in operating intermediate business, which to some extent limits the its development in China. The security, stability and the entire financial order ,which manages to the commercial bank have stably brought the huge harm. Therefore, how to avoid the legal risk of intermediate business, and search for a more safe way to solve the problem is very urgent.This thesis is to study how to evaluate and prevent the legal risk of the intermediate business in commercial banks, and to find a more credible way to solve it. After has been clear about the connotation, the characteristic and the development history of intermediate business in commercial banks, among analyzing the risk of the intermediate business and type, I formed management thought of risk in the commercial bank; In the paper, there is a comparison of relevant legal systems of intermediate business between commercial banks in China and Western countries. It makes clear that suitable legal environment is the important basis for the development of intermediate business of commercial banks, as is the case in Western countries and the growth of intermediate business can promote that of legal regulations and vice versa. It also explains the causes of rapid development of intermediate business of Western banks with its well-established legal systems. The paper also points out that we should absorb the successful experience of intermediate business of commercial banks in Western countries and guard against the legal risks. I will discuss the measures that administer and control the legal risk of intermediate business by financial supervisory systems, legislation of intermediate business, internal control and trade union of bank. I expect that the paper could provide certain positive suggestions and thoughts with the research in legal risk for our country.