| From 1990's, on the basis of issuing a series of laws, a legislative system for banking regulation has been primarily formed. On a certain degree, it provides a comparatively systematic law platform for financial stability and healthy development, and it also played an important role to China's market economy development. But, as the change of economic, politic, and international environment we faced, China Banking itself and its operation environment has changed and also gave an impact to the current relative legislative system. Especially, since "the Southeast Asia Economic Crisis"occurred at the end of 1990's, the safety of financial activity has became a focus for many countries, it also became an unavoidable challenging to our law system for banking regulation and supervision, thus, strengthen supervision has been strongly required. China has already strengthened the foundation of financial law system, the separation of China Banking Regulatory Commission and The People's Bank Of China is a good example. Since our banking regulation and supervision construction is newly setup, there are some immature points both in theory and practice. It's not quite enough to only setup China Banking Regulatory Commission and enact "Law of the People's Republic of China on Banking Regulation and Supervision"There is still has some area in our law system of banking regulation and supervision, and their theories which still need to be much improved. Now, the main problem is the conflict within our current law and regulation; the conflict between PBC and CBRC; the singleness of supervisory sense; the simpleness of supervisory instrument and the separation with international. So the conclusion is: Founding a scientific Banking supervision System; changing the thought mainly define of crisis; determining the financial supervision law plan from the point of development and creation; reasonable taking the responsibility among each functional department and giving attention to safety and profit. Thereby, during this paper, the author wants to found out our bank regulation system reasonable location and its existing problem through the analysis of banking regulation law's theory and practice. Meantime, this paper list "Basel Accord "and some rules in WTO, to realize the connection with international regulation. Then, the author further studies the newly-published The Law of the People's Republic of China on Banking Regulation and Supervision combined with former conclusion, and then give some suggestion to our bank supervisor law. There are four chapters in this paper. Chapter One Guide In this chapter, the author simply introduces the basic condition of China's banking regulation legislation, and establish the basis of the whole study also. Then, during the study of some paper inbound and outbound in this field, he also explains this paper's study path and theory contribution. Finally, he lists this paper's logical structure and study methods, making a good basis for the following chapters. The second chapter Current condition and existing problem of China banking regulation law. Currently , there are three laws related to banking regulation: "Law of the People's Republic of China on Banking Regulation and Supervision", "Law of the People's Republic of China on the People's Bank of China", "Law of Commercial Bank". Their relationship and makeup make China's bank regulation law systems. "Law of the People's Republic of China on the People's Bank of China"gives PBC the lead ship status to supervise commercial bank on behalf of the Nation; "Law of Commercial Bank"further emphasizes the commercial bank has the obligation to be supervised; "Law of the People's Republic of China on Banking Regulation and Supervision"in another point to emphasize the status of financial supervision in the define of financial crisis, meanwhile, it also did the central regulation to the people who is to supervisor and to be supervised in the lawmaking mode, and also clear their responsibility, power and obligation. This is a milestone to the foundation of ourBanking Regulation law system. At the same time, it also implies that there maybe conflict or out of line among these three laws. There are many unreasonable points in the construction of our Banking Regulation law system. To consummate our Banking regulation system, we should insist on scientific Banking regulation System on the basis of innovation; alter the previous lawmaking thought oriented on defining crisis; determine the financial regulation law plan from the point of development and innovation; and consummate current frame of financial regulation system and fill up the blank point of supervisory lawmaking. We should effectively solve the justice problem of "Law of the People's Republic of China on Banking Regulation and Supervision", during the remediation and law explanation, make this law can be used to juridical proceeding, and become the explanation law of financial supervision and also establish the detail regulation of relative law. One side, solve the administration problem of finical basic law in "Law of Commercial Bank", make the financial law's relative administration authorization to be the format of administration of rules and regulation. One of the other side, makes the qualification financial policy to be a law, reduces policy adjustment area, and ensures the stability of supervision. Aiming at the special characteristic of current financial reform, we should make the law more detail to the different field and different industry, On the basis of unseperate each financial market, improve inspection efficiency. Chapter 3 International Banking inspect experience and development trend In this chapter, during the discussion of "Basel Accord "and the requirement of instruction of international Banking Regulation development in WTO, make a good reference for our Banking regulation law system. Global Financial not only accelerate China's economic development and the attendance of financial international competition, based on the international regulation and market operation, but also increase the risk of our financial economic safety. "Basel Accord "and... |
PDF Full Text Request