Legal Issues Of International Cooperation In Cross-border Banking Supervision

Currently, the international cooperation of the cross-border bankingsupervision is still limited to the supervisory cooperation between thehome country and the host country, especially the consolidatedsupervision. On the background of the financial globalization, thesimple cooperation of parent supervisory authorities and hostsupervisory authorities hasn't yet satisfied the effective bankingsupervisory system; moreover, another problem can not be neglectedthat home countries and host countries manage the supervisoryinformation resources unequally, and it is unfair for host countries tobear such obligation; within the framework of consolidated supervision,the obligation of the third country (opposite to the host country and thehome country) is neglected.By analyzing the application of the New Basel Capital Accord, thedissertation will research the legal affairs in the cooperation amongcountries, regional international organization and multilateralinternational organization, through the view of the corpus and means ofthe supervisory cooperation, division of fight and obligation anddevelopment direction.The innovative aspects of this dissertation are expressed as followingthree parts: firstly, the Third Country is brought into the internationalcooperation system, which effectively ensure the supervision to themultinational bank. Secondly, the international association of bankingsupervisors will be established as a leading role in the international cooperationof banking supervision. Thirdly, this new framework makes sure that thesupervisory information will be distributed and managed fairly andadvance the transparency of cooperation.This dissertation has six parts. The first five parts mainly talk aboutthe legal affairs in the supervisory cooperation. The last part givesremarks about Chinese works in pushing forward supervisory cooperation:The first part introduces the endeavor of international society to guardagainst the global financial crisis in the way of the multinationalbanking supervision, and analyzes the flaws of the internationalcooperation pattern of the multinational banking supervision, and putsforward the new framework of the international cooperation.The second part, "the International Cooperator", poses the conceptionof "the Third County", and emphasizes the importance of regionalinternational organization in the new pattern, and establishes theleadership of an international association of banking supervisors.The third part, "the Way of Cooperation", has the comparison amongthe difference supervisory pattern of the unilateral, the bilateral and themultilateral, and raise the new pattern international supervision, inwhich the fundamental part is the unilateral endeavor and the key part isthe multilateral cooperation.The fourth part is "the Classification of the Obligation". It has a newdistribution of the right an the duty among the different countries in thenew framework of the international cooperation.The fifth part, "the Tendency of the International Cooperation",through analyzing the implement principle of the New Basel CapitalAccord, poses that in the share of the supervision information willbecome the key point of the future international supervisorycooperation.The sixth part is "China Participates in the International Cooperation".This part introduces the function and the purpose of China BankingRegulatory Commission, the Chinese supervisory laws and regularities,and the hard-work of China Banking Regulatory Commission inpromoting the international supervisory cooperation. Then, it points outthat China Banking Regulatory Commission should modify the relativelaws and system to promoting cooperation.