Study On Supervision Of The Banking Supervision Power

With the rapid expansion of the banking industry in China, the competitionbetween the banking financial institutions and non-banking financial institutionsincreasingly fierces,also the potential risks of the banking industry are increasing,especially in several financial crisis since the1980s, a lot of countries are increasingemphasis on the supervision of the banking induetry.The banking supervision is notonly related to the efficiency of the entire financial industry and security,but also acountry’s social,political,economic prosperity,and more related to the long-termstability of the society.The banking regulators take effective in taking precautionsagainst and dissolving the risk of bank,but while playing an important part, also proneto regulatory failure, the occurrence of these problems largely is due to that the legalsystem of supervision of the banking regulators has great deficiency. Whether fromthe legal practice of the supervision to the bank regulators, or from the theory studyon the supervision to the banking regulators, the research on the problems of thesupervision to the banking regulator in China has very important significance.The bank supervision is a kind of public power, which the banking regulatoryauthority carries out supervision and management to the banking financial institutionin accordance with the statutory authority and procedures.According to the "thePeople’s Bank of China Law" and" Banking Supervision Law ", the People’s Bank ofChina and the Banking Regulatory Commission are both banking regulatory authorityin China. Now separate operation, separate supervision system are also facingregulatory failure risks, including regulatory corruption, lack of supervision,excessive regulation, instinct problem of the Banking Regulatory Commission as"economic person", as well as the regulatory negligence and so on, the exercise of theright to bank supervision must have certain constraints, that is supervision.In order toprevent the failure of supervision of the banking regulators, and better safeguard andprotect the banking industry healthy and orderly operating, on the basis of analysisingthe factual and legal basis for the supervision to the bank regulators,drawing on thegood experience of supervision to the bank regulators in the United States andEngland, and combines with national conditions and characteristics in China, ourcountry should sound supervision body system, including national oversight body andsocial supervision body, improve the supervision measures, clear on-site inspection and off-site inspection procedures as the supervision focus and implement theaccountability system to regulatory agencies and personnel, to improve and perfectthe supervision system of the banking supervision..