The Legal Problems And The Solutions Of Our Private Banking Business

Finance is the core of modern economy, private banking is one of the most top-end financialservices in the business of banks and other financial institutions, it has a significant impact on socialand economic life, and plays a very important role in the national economy. The private bankingbusiness in foreign development for hundreds of years of history, it is the international commercialbank core business and an important source of profit growth. In China, along with our countryeconomy continue to stable and healthy development, the number of rich people also are increasingin recently years, it brings the development opportunity and broad space for the private bankingbusiness. Only relying on effective banking supervision, and giving full play to the role of bankingsupervision can ensure the stability of the private banking market. Therefore, in order to play itsproper role, the private banking supervision must be placed under the framework of the law.The first part of this study is an overview of private banking, and there is an analysis of theorigin and development of private banking, it defined the definition, and characteristics of theprivate banking, gave the distinction between the private banking and other banking business, andintroduced the status of private banks’ development at home and abroad; The second part is analyzethe private banking business of the legal relation of the dispute，which combined with the practiceof domestic and international, and draw a conclusion that in our country’s private banking lawrelations defined as the trust; The third part analyzes the legal problems in the development ofprivate banking; The fourth part is about the analysis the statuses of private banking supervisionlegislation in Switzerland, the United States and Singapore respectively, then comes to valuableexperiences which China can learn from; In the fifth part, according to the legal problems of China’sprivate banking business above, the author gives some legislative proposals for improving the legalregulation of private banking business in China on the basis of the experiences of other countries.