The Research On The Legal Supervision System Of Banking Legal Risk Under The Context Of Financial Globalization

With the continuous development of financial globalization, There are more contacts between the banks of each nation, and the competition among banks is more intense. China now has passed the transitional period of WTO requirements, in this case, China’s banking industry is facing more intense competition. In recent years China’s banking industry has had tremendous growth, but we should also see that the current China’s banking industry do not pay enough attention to the phenomenon of legal risk and there are very few legal documents on the legal risk of bank. This insufficient supervision on the Banking legal risk will hinder the healthy development of the banking sector. The frequent occurrence of legal risk events brought great losses to China’s banking industry. How to manage the banking legal risk is the problem we must settle, in the perspective of international law.This paper attempts to find a solution to strengthen the supervision of the legal risks by analysis the practices of the international organizations and foreign countries.The paper first introduces the history of the development of the banking legal risks, defining the meaning of the legal risks of banks. After that,this paper analyzed the types of the banking legal risk and analysis the impact of financial globalization on the supervision of the legal risks, and illustrates the need for the banking legal risks supervision. Then the paper analyzed the legal risks faced by China’s banking industry. In the next chapter, the paper analyzed the different theories of the legal risk regulation. At first this article analyzed the different models of mixed operation in the word and then proved that China’s banks should adopt mixed operation as its management style. Then the paper focuses on the analysis of the different theories of banking risk regulation. Afrer that the next chaper researched the lefal risk supervision practice of Basel Committee. After analyzed the legal status of the Basel Committee on Banking Supervision and the legal nature of the documents which were published by the Basel Committee on Banking Supervision, this paper focus on the regulations of the banking legal risk management.Stones from other hills may serve to polish jade of this one. In the next chapter this paper examines the diffierent countries’practice on banking legal risk superivation. These countries are the United States, Britain, Germany and Japan. Through the analysis of different nation’s regulatory model,We try to learn useful experience in order to establish our own superivation legal system. The last chapter presents the specific advise on establishing China’s banking legal risk superivation system. At first this article introduced the history of the development of China’s banking superivation Legislation,then analyed the problems on the banking superivation in nowadays, then this paper proposed specific recommendations on how to establish China’s banking legal risk superivation legislation.