Improve The System Of Supervision Of Foreign Banks In China Legal Issues

Since we joined in WTO, foreign capital banks have mushroomed in our country, which makes bank's supervising more complex than that in the period when state-owned banks dominated China's bank system. Thus, in order to improve the efficiency of supervising the foreign capital banks, it is an urgent task to establish an administrative regulation on foreign capital banks' supervising ,which should be suit to both international rules and China's special situation.In western developed countries, foreign capital banks can obtain national treatment generally. Therefore in terms of setting up the supervising institutions, those countries have not treated with native banks and foreign owned—stated differently. The uniform management should be the developing orientation of our financial supervising after we entered WTO. However, owing to the fact that our financial market has not been mature, foreign capital banks and state-owned banks still need to be treated differently in a long period in the future.At present, in our country foreign capital supervision system exits much deficiency, to make up for such shorting coming, we can't depend on the administrative measures as in the planned or command economy era; we must reference and borrow the experience of bank supervision from the countries all over the world. Furthermore, according to China's reality, first we should understand what the problems are theoretically, and then try to put forward some strategies correspondingly.Basing on present achievements, this dissertation attempts to explore the general issues on how to enforce the supervising system of foreign capital bank. The dissertation mainly includes: the basic theory of foreign capital bank and its supervision; foreign capital bank's' category and its development orientation; the present situation and problems on the supervising system of foreign capital bank in our country, ect. Furthermore, through carefully categorizing, generalizing and comparing various types of banks, the dissertation absorbs essences of the allstrategies and mainly probes into the assumptions and solutions on how to perfect the supervising system of foreign capital banks in our country, aiming to find out a way which does not only fit to international customs with the common characteristics to be carried out in the international market, but also is suitable to China Characteristic financial environment. However, since the author of dissertation's ability is limited, in some sense, the theoretical analysis is as deep as it should be. In the case of application, it also analyzed the issues from its surface as a dragonfly only touching water gently. Therefore, to the shortcomings and mistakes in the dissertation, I sincerely wish my distinguished teachers to criticize and correct them for me .