International Comparison Of The Legal System Of Banking Supervision, And The Reference To China

It has been proved by world practices that banking business is subject to strict supervision of authorities, either in developed countries or in developing countries. The enforcement of banking supervision system plays an important role in protecting the depositors, investors and social interests. It has been reached a consensus to keep the risk away to protect the whole financial system by strengthening banking supervision. The focus of this thesis is on the strengthening of national commercial banks supervision and on the maintenance of their competitiveness in response to the incoming new situations. The thesis is composed of four parts.Chapter One deals with the theoretical bases of banking supervision lega]ly. Tt also analyzes the main objectives, the basic principles and the main contents of the banking supervision system.Chapter Two is concerned with the banking supervision legal systems in the Western countries. The related legislative and legal modes and their characteristics in Germany, the U.S.A. and England are discussed, with the conclusion that it is a worldwide trend that both market and government are essential in regulating and monitoring banking supervision.Chapter Three is devoted to the analysis of China' s existing banking supervisory legal system of commercial banks. After a retrospect of China' s banking supervisory process and a survey of the banking supervisory legal system, the emphasis is on the relevant legal system as it is designed after the establishment of BSB. The related legal problems are discussed from these angles: the evolution of supervisory goals; the deficiency of supervisory subject; the internal deficiency ofsupervisory object; supervisory items and modes. The author supports the establishment of the Finance Supervision Committee to have a monolithic supervision about banking, security and insurance system.Chapter Four attempts to formulate some suggestions for the betterment of China' s commercial banking supervision. To tackle the Problems in the banking supervision of China's commercial banks, due attention is given to the legal Practices of the Western countries. The suggestions mainly include: reformulation of supervisory notion; explication of the goals and principles in banking supervision; construction of a commercial banking supervisory system; the items of supervision. Specifically speaking, financial innovation, governmental targeting , moderate level of supervision , the combination of institutional, social and self supervisions are strongly encouraged. Last but not least, the author believes that the existing laws should be under revision, In addition to his suggestions on supervision of internal supervision, deposit insurance system.