Study Of Foreign Banks In Market Access, Regulatory Legal Issues

The trend of International Financial Integration and Deregulation continuously has two sides, promoting development of economy and causing finance crisis globally. For having the transnational characteristics, foreign bank makes it easy to spread the finance risk between different countries and regions. In a lot of supervision measures, market access is the most important means to resist finance crisis. Therefore every country begins to strengthen market access supervision directly against foreign bank.On the basis of the study on the basic theories about market access supervision, the thesis makes an international comparison on regulative policies, treatment standard and measures to the market access supervision. Finally, the thesis puts forward some suggestions about market access supervision to our country.This thesis is made up of Introduction, Main Body and Conclusion.The Introduction has two parts which introduce respectively research background and research object.The Main Body has four chapters:Chapter One: The Basic Theories about Market Access Supervision. This chapter can be divided into 3 parts. Firstly, the author introduces the foundation of market access supervision according to economy and law theories. Secondly, the thesis analyses the four targets of market access supervision. Finally, the author describes the principle of supervision, and regards the principle as two parts: the generally acknowledged truth principle and the policy principle.Chapter Two: The Treatment Standard of Market Access. Firstly, the author applies the method of comparative study to introduce the different standards between developed countries and developing countries. Secondly, the thesis analyses the treatment standard of WTO in the field of finance and services and draws the conclusion that none of the treatment standard of WTO is absolute. In fact, the National Treatment has not been asked for during the process of market access arbitrarily. On the contrary, GATS allows every member stases to use some restraint measures at the stage of market access.Chapter Three: The Concrete Measures of Market Access Supervision. The ways of market access supervision can be divided into three parts: Organizational Form, Open Condition, Access Range. In this part, the author adopts an international comparison method and introduces some countries' supervision measures.Chapter Four: The Perfection of Our Legal System.The author gives some suggestions about market access supervision under the background of China's domestic conditions. Firstly, the thesis suggests regarding safety as the first target of supervision legislation and "Limited Protectionism & Rational Reciprocity and Mutually Beneficial" as the treatment standard. Secondly, the author proposes confirming the treatment standard of market access as "Limited Protectionism Mainly & Rational Reciprocity and Mutually Beneficial ". Finally, according to the insufficient of China' market access supervision measures, the thesis gives some perfection suggestions(urging the joint-capital banks into China,canceling the favor on lowest capital, strengthening the cooperation with the Home Country Government, perfecting the demand of administrator, perfecting the content of "Discretion Condition", and requesting foreign bank to join the System of Deposit Insurance).In the Conclusion, the author believes that although foreign bank entry will bring about great impact on our financial system, with effective and rational market access supervision, China can win the challenge.