Study Of The Legal System Of Foreign Banks In Market Access

The core of modern economy is financial, which takes the most important roles in countries' development of economy and society in nowadays. Along with the further development of the financial globalization, all of the countries in the world have taken measures to restrict the access of foreign capital bank in order to prevent foreign capital from the excessive impact and permeate to the native banking, to keep the competition position of the native bank and maintain the safety of the native financial system and stabilize. The market access system is also become important subject of the international community lawmaking matters.Being an important part of the whole economy, the foreign capital banking would appear the out of order problem of market inevitably; the development of the modern economics is the foundations of supervision to the market access of the foreign capital banking. According to the traditional theory, market access is also the law jurisdiction problem of the multinational banking. The multinational bank must accept the rule over of the host country government. This is the outstanding body that the host country exercises the economic sovereignty which is belonging to a ground of jurisdiction now. The target and value of market access supervision includes to support the safety of financial system and to promote the efficiency exaltation of the banking and to provide the fair management environment for the competition of the banking.Every country must precise the lawmaking principle firstly. Only choosing proper principle, can the nation do an arrangement in order to supervise the activities of foreign capital banking in our country. From the scope of the world, each country should choose the most suitable principles based on the different development level of economy.According to the cultural background and development level, different country should set up different concrete law system on market access based on the principles they choose. Although the concrete system is different between the countries, all the countries have made up the regulation to the form, the condition, these aspects, the field and etc....to carry out the purpose that country ushers in the foreign capital bank.Nowadays the nations are becoming more and more closely with the globalization of international finance, the country can not against the financial riskeffectively if it doesn't depend on other nations. So the countries need international cooperation and the coordination mechanisms. Now the main cooperation mechanism of market access is the legal framework that WTO established. The Basle Committee on Banking Supervision has established series basic principles and standard, and these regulations have become the international custom. The measures that EU has been taking have become the model of cooperation and coordination of local area.Our country has joined into the WTO formally since December 11 in 2001, which means our country should accept the rules of WTO. Although our country has established the market access system, it also need to carry on the lawmaking principle to relocate, and the system arrange of re- adjust.In conclusion, this text mainly adopts the economics analysis method, more analytical method in write process in this field. Furthermore, the author advances some useful suggestions to perfect our country's supervision and its legal system on market access of foreign bank.