Study Of Cross-border Banking Supervision Law

From the legal perspective, this thesis attempts to explore what is Transnational Bank Supervision ought to be and what is T.B.S as it is, and to discuss the establishment of T.B.S legal system in China.The contribution of this thesis is as follows: first, the study of the T.B.S Law 'ought to be' and 'as it is' is valuable for the reform of Banking Supervision of China after her entry into WTO, which is of vital importance to the enhancement of China's Banking Supervision at the age of financial globalization. Second, the demonstration of the fundamental principles of the T.B.S Law may provide specific knowledge for the legislation and application of Financial Law. Third, much more positive evidence can be obtained, which is very helpful to the study of the Economical Laws.This thesis consists of four chapters. In the first chapter, the necessity of T.B.S is being closely investigated. The emergence and the development of T.B are due to the inner requirements of the economical and financial globalization, at the same time, the further development of T.B has given significant impetus to the economical and financial globalization. Then, the legal characteristics of T.B are described on the legal approach. These characteristics include the variety and disparity of its legal subject capacity, the complexity of the application of law, and the complexity of its internal management system. At the end of this chapter the author also focuses on the adverse influences from the boom of T.B.Chapter Two, the author elaborates the general theory of the T.B.S Law from various legal science aspects. From the author's point of view, theobjectives of T.B.S Law should be composed of two categories-Stability objectives and Efficiency objectives. The value system of T.B.S Law should be constituted of Order﹑Justice﹑Efficiency. The principals of T.B.S Law should comprise two categories-the self-evident truth principals and the policy principals. As far as the Civil Law System is concerned, the T.B.S Law should be the branch of the Financial Law, which belongs to the Economical Laws. The order of effect of T.B.S Law should be as follows: Financial Acts﹑Financial Administrative Articles, Financial Administrative Regulations. Furthermore, the T.B.S Law involves some range of the International Law and International Economical Law.Chapter Three, A comparative research has been made among the U.S.A,the U.K﹑the R.K (the Republic of Korea),and Singapore upon the legal rules of the T.B.S. Since the entire process of T.B.S can be divided into three different stages, this chapter discusses those rules in the four countries step by step.Chapter Four, the author reflects the contemporary contents of China's T.B.S Law, indicates that there are three defects in the legal framework. First, there is the obscurity of the principal of the China's T.B.S Law. Second, there is the imperfection of the Laws and Regulations system. Third, there is the deficiency of the effect of the T.B.S. Then the author gives the possible reasons: firstly, there are special conditions of China during her transitional periods. Secondly, there are flaws of supervisory mechanism. Thirdly, there is insufficiency in supervision methods. Finally, there is negative influence by the tradition of China legal culture.The author puts forward his proposals for the Chinese legislator. As far as the General Provisions are concerned, the author holds: first, givingpriority to the safety target in the objectives system of T.B.S Law. Second, pursuing a Qualification National Treatment principal. Third, replacing the institutional supervision idea with the functional supervision idea. Fourth, reforming the T.B.S pattern. As to the Sub-provisions, the author advocates: firstly, urging the joint-capital banks into China. Secondly, perfecting the entry requirements. Thirdly, ensuring the litigant' s administrative remedy rights. Fourthly, unifying the standards on verifying methods about Foreign Currency Interest Rate between...