Study Of The Principle Of Territorial Jurisdiction In Cross-border Banking Supervision

The financial integration and the financial service liberalization has become the current world economic globalization's an important characteristic, at the same time, the international bank obtained the comprehensive expansion and development, became the world's finance system pivotal, an inalienable part. Because of the core statue in the national economy, While the development of the transnational bank brings the positive role to international economy, has brought the complicated situation to financial supervision authorities of various countries. How to reconcile the financial risks is a big deal, and it is concerned with the national welfare and the people's livelihood. The authority should guarantee and promote the persistent, safety, stable and healthy of the development of its own national financial system.Since has joined WTO, our country continuously and gradually loose the finance service market. According to the pledge when enters WTO, our authority will cancel all the restrictions of the ownership and the forms of the entrance. Also it will call the limitations of region and customers off, when the international banks operate the Renminbi (RMB) business. 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 profits from the various countries advanced experience under the opening background also to obtain the rapid development, more and more them develop the service in aboard. With deeper and deeper influence of the international bank on our economy and financial market, the stability of our financial system will be confronted with risks. In all, the effectively supervision to international bank is urgent.Territorial principle is the reflection of the sovereign rights, and the very important legislative basis of international bank supervision. To analyze this principle will basically assay the issue of international bank supervision. In the light of this issue, this article plans through to anatomize deeply this principle, and the embodiment in rules of host supervision and international supervision. And then, abstract principle will be concrete.This article is consisted of four chapters. ChapterⅠis the general analyze of the territorial principle. This chapter is the whole text's beginning, also is the basic point of further launches the research analysis, mainly has definite the territorial principle, and briefly introduced the history of it, and explained the reflection of jurisdiction conflicts in international bank supervision, in the basis of multinational bank's personality and the status in law.ChapterⅡanalyzed the embodiment of the territorial principle in the rule of host supervision. This chapter first introduced the relationship between the territorial principle and host supervision, and analyzed the connection with the territorial principle and sovereign rights; secondly, from the perspective of influence on host country, it explained the necessary of international bank supervision in our country; thirdly, through the research of the regulations of the international bank market access supervision, it carried on evaluation to manifestation of the principle in the market access supervision system.ChapterⅢis the real diagnosis analysis of the territorial principle in the international supervision. This chapter annotated the necessary of international supervision and subjects at present; on the other hand, through introducing and assessing the Basel Agreement system, We can find the stipulation of the international supervision, and the reflection of the territorial principle in the Basel Agreement.ChapterⅣis the proposition of international bank supervision in our country. This chapter is the foot spot of the whole text's research. Facing the new situation that the transitional period of our financial market has passed, there are some new measures to supervise the international bank in our country. In the end, it made some suggestions that could improve the regulation of international supervision in our international bank supervision.