Legal Problems Of China's Banking Regulatory System

The current global financial crisis intensifies and gradually spreads to the real economy, and inevitably financial supervision has become the focus of attention. Finance is the core of modern economy, safeguarding the financial security is an important component of the country' s economic safety. In a country's financial system, banking is the most important financial institution. It has a significant impact on social and economic life, and plays an important role in the national economy. Only effective banking supervision and full play to the role of banking supervision can ensure the stability of the banking market; but banking supervision itself can not overcome its inherent flaws. Therefore, we must put on banking supervision under the legal framework in order to play its due role , and it becomes very necessary to study the legal system of banking supervision .This paper reviews the banking supervision models of the United Kingdom, the United States and Japan respectively, and makes a more detailed analysis of its institutional content, features and the corresponding effective evaluation, through which we can draw a conclusion that: every country should combine its respective political and economic system, the long-standing financial system and culture to gradually explore and form a banking supervision system suitable for the national condition. This article also combines the new trends in international banking supervision and analysis of the reasons of the current financial crisis, and brings some enlightenment to the Chinese banking supervision system. Finally, after recalling the developing history of Chinese banking supervision system, this paper gives a comprehensive introduction of its current status and a profound analysis of its flaws and shortcomings. In response to these problems, the author analyzes the reality of our country's financial environment and legal background, selectively draws on the advanced experience and practice of the international banking supervision , and brings up suggestions to improve our banking supervision legal system, hoping to create a effective banking supervision system environment that adaptable to the level of development of financial markets and the risk profile ,and preserve our banking system' s stability, efficiency and competitiveness under the financial crisis.