Banking Self-regulation Mechanism

As the significance of the self-regulation increases, the self-regulation rules also increases by the same measure in both of the market-oriented economy and the society ruled by law. The banking industry needs self-regulation as well. This Article will give in-depth consideration to the extent that self-regulation can improve the banking industry and thus should be emphasized on. While the state and civil society gradually allows the enforceability of the self-regulation in banking industry to strengthen, they also demand a certain construction of the boundaries of those rights, lest the public interest suffer.In partⅠ, the Article will begin with comprehensive discussion of the rationality of the self-regulation, while highlighting the nature of the self-regulation rights, and the two major source of the self-regulation rights, and analyze every concrete right, such as the right of issuing banking codes, the right of supervision, the right of non-legal punishment and disputes settlement, respectively. PartⅠforms the theoretical basis for this Article.In partⅡ, the Article will address a comparative study on the different modes of the self-regulation in banking industry. On basis of providing an introduction of the leading banking associations of several continents, partⅡcomes to an classification of two basic modes of banking self-regulation: World's mode and Hong Kong's mode. This part is considered to be essential in the trend of globalization.To establish an effective mechanism of self-regulation of banking association is a key and difficult point in the banking-regulation reform in China. In partⅢ, the Article mainly discusses the mechanism of self-regulation of banking association and its system design as well. Based on a comprehensive exploration into the prerequisite of such mechanism, i.e. the construction of its internal mechanism, the association's right of issuing banking codes is construed from a legal approach. This part pays special attention to the mechanism of...