Study Of Commercial Bank Governance Legal Issues

Since 1990's, there have broken out several bank crisis in the world. From south-east Asia crisis in 1997 to worldwide financial crisis in 2008, every country in world especially developing ones like china have got first-hand experience about the terrible destruction of bank crisis. International financial supervision and management institution had studied a series of cases to find the reason of crisis, and then they got a conclusion at last, that is:Weak bank governance is the root of bank crisis. Therefore, every Country including China attaches more and more attention on the revolution of bank governance. Sound commercial bank governance needs well-found laws and regulations to provide specific basis. In China, there has been some achieveness in common corporate governance. Commercial bank is one kind of corporations, but special attributes of banks make corporate governance problems different in practice, and it is necessary to enhance commercial bank governance and relative legislation. Based on the realities of our Country and combined with experience of other Counties and regions, this article aims to provide some reference to improve the legal system of commercial bank governance of our Country.The thesis is composed of two parts, the introduction and the main body. The introduction part gives readers a clear idea of the discussion target and its background, which makes a good start to further discussion. The main body includes six chapters:Chapter one is the introduction of the concepts connected with commercial banking governance. This part introduced the concept and theoretical basis of corporate governance, which is the basis of commercial bank governance, and stated the importance of corporate governance in commercial bank governance. Moreover, the basic opinion at home and abroad about commercial bank governance was introduced, which established a basis for the after arguments.Chapter two is the analysis of the commercial bank governance. For the particularity of commercial bank governance, this part made a specific analysis on the high risk, strong information asymmetry between client and agent, strong governmental regulation and deposit insurance system of banking governance, and then explored the action of directors, compensation system and social responsibility in commercial banking governance.Chapter three is the introduction of legal regulations overseas on commercial bank governance, this part stated legal regulation on commercial banking governance in international community, America, German, and Japanese, and conducted an corporative analysis on senior administrator's special responsibility in regulations of international communities and related Countries. Based on above analysis, this article made some consideration on the banking legislation, the regulation of compensation system in bank, senior administrator's special responsibility and independent director's appointment and authority.Chapter four and five are legal regulation of commercial bank in China and perfection of the legal regulation on commercial bank governance. This article focused on analyzing the current situation of legal regulations of commercial bank governance in our country. Through an analysis on laws and regulations of commercial bank governance of our country, the author brought forward self original views and try to provide references to improve legal regulations of commercial bank governance in our country.