| With the expansion of the scope of business and the transformation to the"all mighty"banks, banks worldwide are challenged by huge risk. As with public cognition, lots of risky affairs can be boiled down to several risky factors, legal risks of banks being one of them. As a new standard for international banking risk supervision of and the most important rule of competition, BaselⅡhas been implemented within the Group of Ten. Although China does not execute BaselⅡAgreement, the advanced opinions and methods about banking risk management in that agreement are worthy of reference. In order to fill in the blank of the study in the field of banking risk management, to widen the horizon of study of commercial banks'risks and to illustrate the framework of the regulations of commercial banking risk management, with the basic ideas that utilizing BaselⅡto prevent financial risk and to stabilize the international market, firstly this essay gives a general introduction to the enlightenments BaselⅡbrings to the commercial bank risk management and the key problems confronted with by China in the process of commercial bank reformation with the emphasis of commercial banks'risks. Secondly, point out the disadvantages in Chinese banking risk management compared to international practice by way of the study of BaselⅡ, especially the provisions about legal risk management in risk management section. Finally, by analyzing risks in the typical cases of the bankruptcy of Barings Bank, the Asian financial crisis and the Wall Street's financial storm, indicates the ideas, models, procedures and tools of risking management in BaselⅡthat is adjusted to present-day China and that reaches the international advanced standard of management. Hopefully, this essay will arouse the attention of the colonies of banking and law to the accumulated risks in Chinese banking system; furthermore, to improve the ability of banking management in China and to cope with the increasing fierce market competition. |
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