From The Mixed Operation Of The Evolution Of U.s. Banking Law Analysis Of China's Financial Trends

The issue of Divided and Mixed Financial Operation has been arising aheated argument in the circles of financial theory and business, as well as a key problem for jurists. One of the important trends of the development of international finance is transforming from the divided to the mixed financial operations. Following "the big bang" reform in Britain, Japan and Taiwan, in which conglomerates are allowed, the USA passed Gramm Leach Bliley Act which caused the collapse of Steagall fire wall lasting over half a century. The trend of world-wide development lies in its inherent logic. China has become the last that carries out the Divided Financial Operations. Whether to continue our present mood or to adapt ourselves to the worldwide reform is a realistic problem. Through the survey of the changes of the US law system and the analysis of the financial practice at home and abroad, the writer takes it for granted that Mixed Financial Operations must be carried out.The passage includes 6 parts. Part I introduces the the concept of Divided and Mixed Financial Operations, as well as different understanding and the understanding involved in the passage.Part II is about the lawful changes from Divided to Mixed Financial Operations in the USA. It focuses on the background and main contents of Glass Steagall Act, the reform of law in the 80's, the enacting of Gramm Leach Bliley Act and the regulations concerning Mixing Financial Operations. It also analyses the reason of the changes from Divided to Mixing Financial Operations in the USA.Part III talks about the establishment of the system of Divided Financial Operations and the trail of Mixed Financial Operations in China. It introduces the situation of the Mixed Financial Operations before 1995, analyses the reason why Divided Financial Operations was later carried out and states the practice of the domestic Mixed Financial Operations in the system of Divided Financial Operations.Part IV concentrates on the analysis of the necessity of the Mixed Financial Operations. It states from three aspects: enhancing the competition of the Finance itself, distributing resources reasonably and the request of WTO. And it also analyses the conditions owned for Mixed Financial Operations.Part V is about the thinking over the lawful problems in the course of China's adapting itself to the trend of the Mixed Financial Operations. The legal guidance, the revise and improvement of the Financial law system, the advancing mood of the Mixed Financial Operations, and the alternatives of the mood are all discussed in this part.