The Host Country Legal System Of Cross-border Banking Market Access Regulation

With the further development of finance-liberalization under the tide of economy-globalization, transactional banks play a more and more important role in the host countries. Meanwhile, the financial risks increase and imperil the safety and stabilization of the banking system in the host countries. Market access, which is the preventive measure, acts the first gate to financial risks. It is crucial for the host countries to protect their banking system operating prudentially and reduce the damage caused by financial crisis. So more and more countries' banking laws focus market access rules for transactional banks. The study introduces the relevant theories and objectives, legislative principles and supervisory tendency of the host countries' supervision on market access of transnational banks. It analyzes the content of relevant regulations in different countries from organization form, conditions, scope and legislative arrangement on market access. Then it focuses on the legal documents in United Sates and European Union and considers the international supervision especially under the frame of the Basles. On the base of study our prevailing regulations on market access of transnational banks in our country, the dissertation shall propose several suggestions to perfect. The study shall be completed through the principles of jurisprudence, the method of comparative analysis and the case study.The dissertation is divided to four chapters.Chapter I generally studies the initial concepts on market access in transnational banking section. It clarifies the legislative definition of transnational banks and its market access. It also introduces the evolution of transnational banks. After analysis on the special characteristics of banking sector, it reveals some legislative theoretical supports to demonstrate the necessity of supervision on market access of transnational banks. Then it introduces the surveillances in host countries.Chapter II focuses on the host countries' supervision on market access of transnational banks. First of all, it shows the legislative resources of the transnational bank regulations. Secondly, it discusses various legislative principles on transnational banks and supervisory tendency of host countries under the directions of those principles. Then it introduces several legislative arrangements on market access regulations about transnational banks. In the end of this chapter, the paper pays more attention to compare the details of the content, such as organization forms, conditions and scopes in different countries and make a unique assessment.Chapter III bases on foreign legislative system and regulations. It chooses the United States and European Union as typical examples and analyzes the details. Then it discusses the importance of the international cooperation on supervision and assesses the supervisory agreements proposed by the Basles. It also discloses the significance to our country.On the basis of foregoing studies, Chapter III discusses on the situation in China. To start with, it outlines the development of legislative supervision on transnational banks in China, followed by the prevalent status including regulations and cases. During more than thirty years, our market access regulations on transnational banks have achieved a lot. However, there are still many insufficient. The dissertation explores several advices to legislative problems in order to establish one more efficient system at last.