Investigation On The Legal Issue Of Transnational Bank Supervision

With the development of economical globalization and financial liberalization, the role and influence of transnational bank have been gradually promoted, at the same time, a series of transnational bank failures have occurred. The development of financial market in China is relatively late, With China’s entry into WTO, the influx of foreign banks and the bank of China overseas branches become more and more, our bank supervision is up against a great number of challenges. Strengthened our transnational bank supervision system research, provided legal protection for transnational bank’s development and transaction security, which have vital significance for our country’s financial system and even the entire national economy development. This thesis attempts to study the supervisory system of transnational bank in the line with state supervision to international supervision, from the law and economic perspective, by the way of comparative method, theoretical method and empirical method. And the thesis raises the legislative advice on how to perfect our supervisory system of transnational bank.This paper consists of four parts:The fist chapter studies the host supervision. The thesis analyzes the host supervision of transnational bank from the regulatory basis, legislative model and the content.The second chapter studies home supervision. Through the collapse of Bank of Credit and Commercial International (BBCI), the chapter introduces necessity of strengthening the transnational bank supervision of home country. By analyzing the content of home supervision, consolidated supervision and relevant problems, discusses the home supervision comprehensive.The third chapter deals with the international supervision. Through introducing the failure of the American Franklin nation bank, illustrates the necessity and importance of the international supervision. And the thesis illuminates the Bilateral Coordination supervision mechanism, UE and 《North American Free Trade Agreement》, Basel and WTO related mechanism in detail.The fourth chapter mentions the suggestion about perfecting the legal system of Chinese foreign bank and the overseas branches of our country. First, analyzing the status and shortcoming of Chinese transnational bank supervision; then the thesis raises some legislative advice on how to perfect the supervision of transnational bank of our country on the basis of developed country experience and the relevant international rules.