| This paper aims to explore the legal frame of improving thesupervision of banking capital adequacy ratio in our country by studyingthe "necessity" requirement of international guideline of banking capitaladequacy ratio supervision in legal approach and combining the situationin our country to analyze the "factuality" in banking capital adequacyratio supervision in our country. Against the background of financial globalization and continuousdevelopment of financial innovation, banking system faces greater risks.Effective banking supervision becomes the prerequisite of preventing anderadicating banking risks and maintaining financial system stability of acountry. Banking supervision idea is gradually changing from"supervision of regularity" to "supervision of risks". Capital adequacyratio supervision is the central content of prudent banking supervisionunder preventive banking supervision, and is the basis on which to carryout other effective prudent supervision measures. It plays an importantrole in banking supervision carried out by supervision authorities. With the ongoing process of financial globalization and its deepinfluence, international integration and international standard are moreand more focused by banking authorities of different countries. Theenactment of Basel Capital Accord concerning banking capital adequacyratio supervision and its application worldwide is the most typicalexample in this respect. Legal supervision resorting to Basel CapitalAccord to improve banking capital adequacy ratio of our country will bea good example for domestic financial supervision authorities to combineinternational standard and our own situation to make reference andimprovement. Presently, almost all domestic scholars start from theangle of finance and banks themselves to survey how to improve bankingcapital adequacy ratio, but seldom study the legal frame of bankingcapital adequacy ratio supervision systematically from the angle of law.Hence, the author chooses this subject to do some research and attemptin this field. This paper is divided into six chapters generally, and the main clueand content involve as follows: Chapter One studies the necessity of banking capital adequacy ratiosupervision. It examines the necessity of the supervision respectivelyfrom the angles of economics and legal studies on the basis of clearconcept definition. Chapter Two deals with the goal, principle and contents of bankingcapital adequacy ratio supervision. Through analysis from the angle of"necessity", this chapter analyzes the objects that the supervision shouldhave and the principle that it should follow. Speaking of supervision,this section analyzes the principals, the duties of the principals, theprocedures, and the means of supervision. Chapter Three examines and studies the Basel II Capital Accord. Itemphatically reviews and studies the historical evolution of capitaladequacy ratio supervision related to international principle of BaselAccord; surveys the content changes in the old and new accords in therespect of capital adequacy ratio supervision; evaluates the changes; andfinally summarizes the prospects of future supervision. Chapter Four reviews the international experiences of resorting tothe Basel II Capital Accord to improve domestic banking capitaladequacy ratio supervision. This section surveys the experience of somedeveloped countries and some developing countries or economiccrisis-stricken countries in the respect of resorting to the new Accord toimprove domestic banking capital adequacy ratio supervision. Chapter five examines the "factuality" of the past and the presentstatus in our country. It starts from combing the historical development oflegal supervision of domestic banking capital adequacy ratio; summarizesthe problem and deficiency of formerly enacted laws and regulations andsupervisory system; then surveys the status quo of domestic supervisionand the challenges the new Accord brings about to China; andemphatically studies the improvements and existing drawbacks of newlyenacted... |
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