Improve The Corporate Governance Of China's Commercial Banks To Legal Thinking

The corporate governance, belonging to the enterprise system, originates the field of economics research and has relatively perfect legal norms as a security system. Developed financial countries elaborate and design the legal system of corporate governance of banks in order to improve guarantee stable and efficient operation. Since our legal system of corporate governance of commercial bank is lagging behind, many problems is prevailing in the bank sector.Generally, the law transplant involves not only advanced legal system, but also the integrated legal system which is suited to assimilate. In studying the legal system of corporate governance of banks, we should explore the general factor of the system by analyzing the background and ration in the social and economic field.Based on the above considerations, with the requirements to corporate governance of the Basel Committee on Bank and the legal reality in corporate governance of commercial banks of China, this thesis analyze and deliberate the most essential legal issues of corporate governance of banks in-depth, with a view to improve the legal system of corporate governance of our commercial banks.The main idea and logic structure of this thesis:Part I studies the legal implication and theoretical basis of the corporate governance of banks and makes the fundamental principles. Part II discusses the special nature from the following four items: the unique capital structure, the government hidden security, conflict of interest and potential moral hazard, and then expound the key factors of corporate governance of banks. Part III emerges the importance and operating errors of corporate governance of banks, and analyzes the major law causes of the errors. Part IV talks about the characters of governance in Continental law system common-law system in order to benefit from those experiences. Part V gives some suggestions about the perfection of legal system of corporate governance of banks. The main contents are as following: (1)framing participatory governance objective; (2)achieving national shareholder's rights and construct two-tier management structure; (3)Consummating the exterior legal environment of corporate governance of banks.