On The Legal Rights Of China's Banking Regulator Configuration

Financial supervision is one of the burning problems for financial circle and legal circle to study or discuss. At present, there are many treatises about financial supervision. But most of them are about financial supervision system, means, method and financial law. Few of them are discussed from the point of legal power, especially legal power disposing of banking supervision. In this thesis, the author aims at searching into legal power dispose of banking supervision, by way of historical analyzing, contrast analyzing and law explanation. The author discusses the necessaries of supervision, legal theory of Legal Power Disposition of banking supervision, history and present condition, as soon as foreign example model. Some proposals and conceits about legal power dispose of banking supervision in China in accordance with present condition are put forward. The construction of China Banking Regulatory Commission ( CBRC ) is one proper choose conforming to the condition of our country. Furthermore, CBRC should be an administrative department. In order to reach the purpose of CBRC, the following questions need to be solved. The first is information sharing mechanism among all financial supervision departments; the second is that law of banking supervision should be perfected as soon as possible; the third is that the Regulation pattern should be transformed; Fourth, external audit should be utilized. Fifth, deposit insurance system should be built, and financial service office should be built up throughout every province. Sixth, people bank of china should be more independent. The paper consists of six parts except the preface.In part one, the author firstly gives a definition to banking supervision. At the same time, the author discusses the necessaries of supervision, legal theory of Legal Power Disposition of banking supervision. Of course, the extent and degree of supervision should be moderate. Secondly, the author believes that Legal Power Disposition is disposed of country legal power according to the values and objective. In part two and three, the author comparatively discusses the patterns and characteristics of legal power disposed of banking supervision all over the world. Then the new tendency of Legal Power Disposition is summed up. Part four, five and six are the key of the thesis. Based on the discussion in the first three parts, the author analyses China Bank Regulate Commission with view of legal power disposition. And the author points out that CBRC need the support of law and explicit status. Some problems about it need be solved, too. In the end, the author forecasts the new tendency of Legal Power Disposition of banking supervision in China.