The Research On The Legal Issues Of Charging Commercial Banks In China

Banking services, namely,in order to meet the demands of customers, the bank provide customers with a variety of financial services. At present, foreign banks always charges when they provide services to bank consumer. In china, The promulgation of’Temporary Measure for Charging Price of Commercial Bank Service’provides the legal basis for commercial bank charging. Before2003, small number of service charged, but now, Banking services continue to increase while the proportion of fees increasing. From China Banking Regulatory Commission’s survey datas, we can find that the banking services has reached1071,whice free items accounted for21%, and charge ones accounted for79%.meanwhile,the controversy about banking services also increased.At beginning, we questioned the bank charges has no theory and legal basis. However, when people become more aware of the nature of the commercial banks and know more about the relationship with the banks, they recognized the banks’right to fees for banking services. However, there is still controversy. For example, some banking services involved in the public interest whether should be charges;the distribution of the pricing authority between government and the banks; And the protection of consumers’right to information, options, fair trade. This paper believe that the bank charges have theoretical foundation and legal basis. From a practical point of view to explore specific issues, Put forward some suggestion son bank charges, Hope to solve practical problems, Provide a reference for the development of the business of commercial banking services in China.The part of Introduction pointed out that it’s necessary to study the micro issues of bank charges. Improvement of the current bank charges system is very important, and the research methods used in this paper, Difficulties and innovation.The first section describes the basic concepts. Commercial banks charges are based on the equivalence principle of market transactions, and the bank’s contractual relationship. Focuses on three businesscharges, include Liabilities of the business, assets, business, intermediate business. At last Made an introductory overview of the development of domestic and foreign bank charges.The second part describes the theoretical foundation and legal basis. First introduce the economics and legal theory. and then introduce the relevant laws.The third section describes some of the practical problems in the bank charges. For example, some banking services involved in the public interest whether should be charges;the distribution of the pricing authority between government and the banks; And the protection of consumers’right to information, options, fair trade.The fourth section presents the perfect ideas and concrete proposals of China’s banking system of charges. First, review on the latest legal. Then proposed to Adhere to the financial reform and building the legal system., To balance the rights of banks and consumers, balance the government and the Bank’s permission. Finally, the specific design of the system. Proposed to improve the government pricing system, Improve the bank pricing mechanism, And improve the financial consumer protection mechanisms.