| China entered into WTO in December 2001. According to the WTO commitment, within the two years after the entry into WTO, China will open its domestic market of national enterprises to the foreign banks, and within the five years after the entry, China will open its domestic market of local residents to the foreign banks. In this case, the banking industry in China will gradually open its market to the foreign fund banks as far as the service fields and service locations are concerned. On the other hand, a large amount of foreign banks and banking organizations will enter into China. Therefore, it is necessary to discuss how to supervise the foreign banks and banking organizations by laws and regulations efficiently. The goal of this kind of supervision is to maintain the stable development of national banks, to balance the conflict interests of foreign banks and the national banks, and to make the foreign banks serve our country's economic development.There are three chapters in this paper. The first chapter provides the comparatively exact definition of foreign banks, makes a common classification, analyzing the necessity of the supervision. The second chapter discusses two typical legal supervision systems: the system of the USA and the one of Japan. It gives the characteristics of the two legal systems, analyzing the experiences that can be learnt by China. Furthermore, it introduces the international banking supervision cooperating organization—the Basle Committee, giving the outline of the series Basle Commitments, analyzing the regulation of the Basle Commitment on the supervising cooperation of the home country and the host country, also analyzing the so-called core supervision theory. The third chapter is the key part of this paper. It analyzes the rebuild of China's supervision subject, giving the suggestion on how to perfect the subject body. Then it analyzes the current situation of China's legal supervision system on the foreign banks, the weak points and how to improve. |
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