Study Of China's Banking And Financial Risks To Prevent A Number Of Legal Issues

The development of financial globalization has brought about a series of conflicts to the countries all over the world and generated the sewnity problems hi finance, which makes every country has to face he problems of how to take precautions against the finance risk as well as to get over it so as to ensure to resist the internal and external impact on their awn countries, to make the financial rules and systems operate property. For the reason, keeping their finance in sake condition has become the focus that every government pay peat attention to. In resent years, finance risks and the precaution against then have become a big problem, therefore many theories on precautioning against finance risks have been proposed by many scholars at hone and abroad from different rewpoints.This paper will examine the legal problem on the precaution of china's finance e risks, against the globalization of finance in the following three sections.Is the first section, the ten demy and display of the finance globalization in anylized-the globalization of capital flow, moneytary system financial market, financial institutes and supervision of finance. With the globalization of economy and finance, every country has to be confronted with the following three contradictions, namely the contradiction between the globalized financial market, along with the local law and the construction of supervision of finance, the contradiction between the freedomization of capital flow and the stability of financial market, the contradiction between the FOB trade of capital market together with the trade on the internet and the international supervision and the failure of the precaution measures of finance risks, In a short word, all the features and contradictions above make the financial safety problem appear increasingly important.In the second section, the law thinking basic on the super-vision of finance is studied, which intends to beep the finance order, to precaution the finance risks, to improve the efficiency and to guarantee the steady development of the finance industry. The current principles of the international super-vision of finance is also commented here. The principles should be mainly based on the independent principle, the moderate and efficient principles and the coordinate principle of the departmentresponsible for the supervision of finance. The evolution and comparison of the main current international management is anylized. The author also studies the course of the development of the supervision of the banking in our country as well as the defect of the supervisory legal system of China's original banking and the problems existing in the financial management systems and proposes some suggestions on improving our country's supervisory system in finance.hi the third section, the author points out that only external supervision is not enough to prevent against the finance risks. The commenced banks' internal administration must be speeded up and perfected to get miot of the baking risks, In doing so, is should be realized that the administration of commercial bank is different from that of common companies, which has its own administrative contents and principles, so much more attentions should be paid to the benefits related to the people who should get then, than to the shareholders. The administrative goal is not only the maximum of company's value, but involves the safely and stability of commercial banks, When administrative mechanism is designed, more emphasis must be placed on the internal mechanism, while the external mechanism should be chosen prudentially. The paper compares and anylizes the administrative patters and their strong and weak paints of the major countries in order that the Chinese people may make choices according to china's practical situation. It pats forward the current stall and countermeasures of administrating ChinaO's bank industry and emphasizes that forming a reasonable and efficient property right structure that is suitable to our country's condition is the key task of the administ...