Study Of Foreign Banks In Market Access, Regulatory Legal Issues

Since 1978 has implemented the reform and open policy, the foreign bank obtained the rapid development within the boundaries of our country. Looked from the region distribution, the foreign bank has experienced from the special economic zone to the open coastal city, again inward provincial capital and inland economic center city radiation development path. After joins WTO five years, according to the correlation agreement, our country has fulfilled the banking industry opening to the outside world pledge earnestly and cancelled gradually to the foreign bank restrictive regulations. In November 2006, after the State Council has promulgated the revision《the People's Republic of China Foreign Bank Act of administration》, 5 year opening domestic banking industry's pledge which was precisely cashes in 2001 our country to have joined when WTO makes. According to this rule stipulation, gets up from December 11 2006, the foreign capital legal person bank may within the boundaries of our country any area, and provides the foreign exchange and the RMB service personally to any enterprise, launches the fair competition with the domestic bank under the same level condition. After the new rule promulgation, the more foreign banks favor our country money market the huge potential, come Chinese Start Branch office in abundance and launch the competition.On the one hand as "the double-edged sword", the foreign bank enters although may cause the financial capital to be able to disposes effectively in domestic and the international scope, promoted the domestic banking industry's benign competition, reduces the financial service cost and the promotion domestic banking industry whole service quality; on the other hand, the opening domestic banking industry also causes the financial risk transnational transmission the channel and the opportunity increases, the global character, the regional characteristic and the national financial risk the possibility which infects to Chinese Banking industry also can enhance greatly through the foreign bank. Therefore, enhance our country to supervise and manage the level and risk guard ability, the consummation foreign bank careful supervising and managing system unceasingly maintains our country bank system safely to become the important topic which our country foreign bank will urgently await to study.2 Because the length of this paper is limited, the author only selects the foreign bank market admittance to supervise and manage this angle, how to consummate our country foreign bank careful supervising and managing system to carry on the discussion. Hoping to give some helps to the practice of supervises and manages.In order to good completes to this kind of practicality and the pointed all quite strong topic. When writing this article, the author used the literature collection and investigation & study methods completed the article material accumulation; in the writing process, used the literature analysis, real diagnosis analysis and comparison research methods completed article main body writing. For example, the paper second chapter mainly used the literature analytic method present《Foreign capital Bank Act of administration》and《Executive regulation》has carried on the system analysis to our country. The third chapter used the real diagnosis analysis and the comparison research method to American, Singapore, WTO and Basel committee have carried on the evaluation about the foreign bank market admittance supervising and managing successful experience.In the construction arrangement aspect, the author divides four chapters regarding to consummate our country foreign bank market admittance to supervise and manage this important question to carry on the elaboration. Has discussed under the world finance integration background, our country exist flaw and the insufficiency in the foreign bank market, and profits from the correlation country and the international organization in the admittance supervising and managing aspect advanced experience and the beneficial rule, from the supervising and managing legal system, the careful supervising and managing standard utilization, and strengthens with the foreign bank motherland supervising and managing authority cooperation to the foreign bank enters rural finance market aspects and so on supervising and managing to propose our country foreign bank market admittance supervising and managing legal system perfect countermeasure.In this, the author only hoped through present paper writing, can form the system regarding our country foreign bank market admittance supervising and managing legal system the understanding, and in this foundation proposed consummates the suggestion. Hoping can give help to safeguard domestic economic security, stable, healthily develops under the banking industry comprehensive opening background.