Study Of Cross-border Banking Market Access, Regulatory And Legal System

The financial integration and the financial service liberalization has become the current world economic globalization's an important characteristic, at the same time, the multinational bank obtained the comprehensive expansion and development, became the world's finance system pivotal, an inalienable part. "Financial and the economical liberalization, the market globalization, changed the world finance system outline in addition". In order to adapt the financial integration, many countries' governments all sped up the financial liberalization step, adopts the more loose monetary policy, relaxes the capital project control, open capital market, and relax the interest rate, the exchange rate, the realization city site, all these policies also buried the hidden dangerous for the financial crisisproduction.Since has joined WTO, our country continuously and gradually loose the finance service market. According to the pledge when enters WTO, our country revised original "Foreign capital Financial organ Act of administration" in December, 2006 and its implementation regulation foundation promulgates has been new "Foreign capital Bank Act of administration" and it's the implementation regulation, when come to prison the tube aspect in the foreign capital bank market, start to use the national treatment principle, The foreign capital banks massively enter, while promotes our country finance industry development, also affect the financial system stability. At the same time, the domestic finance industry profits from the various countries advanced experience under the opening background also to obtain the rapid development, more and more of them develop the service in aboard.The banking industry is the core in the national economy, melts the financial risk, effectively safeguards from the legal stratification plane and promotes our country finance industry, stably, to be continually safe, healthily to develop, is a critical problem with national economy and the people's livelihood major problem. At present our country related multinational bank market access supervision's legal system still endlessly to consummate, how consummated and strengthens our countries' supervision on multinational bank's market access is very important. In view of this single layer big topic, this article plans through to the supervising and managing law system to our country new estestablishment on foreign capital bank market's analysis, on the model international mature supervision legislation and the experience, foreign capital bank market access legislation in our country, the consummation should be put forward some beneficial countermeasure proposals by the time. On the other hand, in analyzes the legal system concern our native banks enter foreign countries' supervision, attempts to enter the legal system to the within the boundaries bank beyond the border the consummation to propose the trifle brilliant plan.The full text leave outside the introduction and the conclusion, altogether divides four chapters, approximately 60, 000 characters.Chapter I is the multinational bank market access supervision's general analysis. This chapter is the whole text's beginning, also is the basic point of further launches the research analysis, mainly has definite the multinational bank and the market access and so on the correlation concept, and briefly introduced the multinational bank's development history, and explained the necessary of the multinational bank market access supervision from the legal science and the economic two aspects.Chapter II is the treatment standards and the concrete system arrangement of themultinational bank market access supervision. This chapter first introduced several main kind of the treatment standards related multinational banks market access supervision in the present they are the protectionism, the coordinated reciprocal benefit, the national treatment, the most-favored national treatment and so on, and have carried on the brief evaluation to it; Next dual the market access supervision from the host country and the female country, the forms, the conditions and the contents aspect of the concrete system which entered to the multinational bank market to conduct the analysis research.Chapter III is the real diagnosis analysis in the law of multinational bank market accesssupervision. This chapter carries on the real diagnosis analysis from two hillocks surface, one is the main developed country in this domain practice, mainly introduced American, Singapore and the Hong Kong's typical system; Two is the international organization enters the aspect in the rules and regulations multinational bank market the system and the practice, the rule of multinational bank's market access supervision, the Barthel agreements and the WTO frame under financial service trade market enters the aspect about the multinational bank market the system stipulation , and The European Union about this domain regional coordinated stipulation.Chapter IV is the legal system and the consummation of our country's multinational bankmarket access supervision. This chapter is the foot spot of the whole text's research, mainly analyzes from two aspects outside, namely the foreign capital bank access our country and native banks access foreign countries two aspects legal systems. First, introduced the course and the legislation of foreign capital banks entered in our country and carried on the brief review, analyzes the legal system of market access supervision about the foreign capital banks in our country at present, the new "Foreign capital Bank Act of administration" and it's the implementation regulation has carried on the evaluation, in this foundation proposed our country foreign capital bank market entered the insufficiency which the supervising and managing law system still saved, then proposed corresponded perfect countermeasure; Next, introduced native banks access foreign countries' supervision the legal system, similarly has analyzed existence many deficiency, and give some countermeasure to perfect it.