On The Improvement Of The Legal System Of Supervision Of The Cbrc

The Law of Bank Supervision established the fundamentallegislative train of thought which Bank Supervision Association shouldbe supervised, and it also laid down the legal stipulation correlated withthis. Thus, it is possible to make research on the legal system ofsupervising the Bank Supervision Association. The financial supervision right performed by the Bank SupervisionAssociation is an administrative right, so, this paper uses the theories ofadministrative right's legal supervision to measure the structure of thecurrent legal system of supervising the Bank Supervision Association.Through the theories of administrative supervision and administrativecontrol, the author established the analytic frame to analyze the legalsystem of supervising the Bank Supervision Association, and it includesthe following factors: the object of supervision, the subject of supervision,and the channel of legislative control. As far as the channel of thelegislative control is concerned, it includes three aspects. They are theregularized control of the right setting, the programmed control of thebehavior process and the supplementary measures of the illegal behavior.By this structure, the writer examined the current situation of the legalsystem of supervising the Bank supervision Association with evidence,and found that there existed the following problems: the supervisionobject is not clear; the supervision subject is vacant; and the legislativecontrol channel is not perfect. Then the author analyzed the reason why there was a lack in thesystem of supervising the Bank Supervision Association. It was thoughtthat there were the following several reasons. Practical reason: the hasteof legislation and the lack of experience; theoretical reason: the lack oftheoretical research and the stiffness of the law transplantation; culturalreason: nationalism and citizen selfish departmentalism lead to that thesupervision right becomes the collective unawareness in our traditionaladministrative culture. These reasons are the main reasons which result inthe lack of the legal system of supervising the Bank SupervisionAssociation, and also are the setback factors of the perfection of the legalsystem of supervising the Bank Supervision Association. The author introduces the knowledge problem of the systemeconomy, classifies the above setback factors and puts forward the way toovercome the setback factors. For the collective unawareness in thecultural tradition, it could be solved by "full awareness" and "learn whileworking". Specifically speaking, it is to be against nationalism and todevelop what is useful or healthy and discard what is not in traditionalculture. In order to make up for the lack of theoretical research, the writerborrowed the relevant foreign experience and analyzed the problem of thelocalization of the foreign experience. Through the analysis of the way to overcome the setback factors, theauthor puts forward that the perfection of our legal system of supervisingthe Bank Supervision Association should be based on the process ofhaving a foothold on our own country and borrowing foreign advancedexperience fully, the process of realizing the link between the experiencerationalism and construction rationalism, the process of "learning whileworking" till perfection by practice and reflection. Guided by this thought,the author tried to make a theoretical research on the legal system ofsupervising the Bank Supervision Association and put forward thelegislative proposals.