Study Of Regulatory Legal Issues Of China's Commercial Banking Services Fees

With the era of charging for banking services arriving,it's become inevitable trend and urgent need for banking development to strengthen the regulation and supervision of the right of charging for banking services .However, charging for banking services is just underway, and there're some deficiency in supervisory legislation, and supervisory practice .Therefore, Infringements upon legitimate rights and interests of consumers happen frequently, and bring about widespread dispute and strong dissatisfaction. For above-mentioned reasons, it's necessary to research and discuss the regulation and supervision of the right of charging for banking services and how to perfect China's present regulation and supervision system.The first part analyzes what is the right of charging for banking service from its definition, attribute, and three elements,and then, make clear the content of the right of charging for banking service. The content includes three rights,including: the right to remuneration, independent pricing right and unilaterally charging standard changing right.The second part of the thesis analyzes regulation and supervision of the right of charging for banking services .Firstly, there are a lot of reasons to regulate and restrict of the right of charging for banking service. Secondly, introduce foreign countries'regulation and supervision of the right of charging for banking services: obligation of disclosing charging information, legal regulation to help disadvantaged group, and special settlement mechanism for charging dispute between commercial banks and financial consumers, and etc.The third part of the thesis analyzes the status quo,problems and shortages existing in our country'present regulation and supervision system of the right of charging for banking services. According to the relevant provisions prescribed, China has established regulation and supervision system: access to banking services'charging, service'charging item management, obligation of disclosing commercial banks'charging information, pricing management system, etc. However, the present regulation and supervision system has many problems and deficiencies, mainly in regulatory body and regulatory legislation system.The fourth part of the thesis gives some suggestions on how to improve and develop the regulation and supervision of the right of charging for banking service. Firstly, perfect regulation and supervision legislation system of the right of charging for banking service, establish legal system of obligation of disclosing charging information, and of reverse discrimination to disadvantaged group, establish the special settlement mechanism for charging dispute between commercial banks and financial consumers. Secondly perfect our country'present regulation and supervision body system of the right of charging for banking service, with regulators, banking self-regulatory organizations, commercial bank itself being a perfect regulation and supervision system of the right of charging for banking services.