The Research On The Perfection Of Our Nation’s Banking Regulation Rule Of Law Under The Basel Ⅲ

With the economic globalization wave sweeping, the trend of financial liberalization grows fast, mixed with profits and risks. As an important part of financial system, the safety of banking plays a decisive role in the financial environment. The startling financial crisis and the mortgage risk have alarmed people, so relevantly, domestic and foreign banking regulation have become a powerful channel to safeguard national economic security and social stability. As the core of China’s Banking Regulatory agencies, in the intercourse of theory and practice, CBRC has shouldered an important responsibility and grown mature since its found in2003, and it has always been committed to improve China’s banking regulatory system and the construction of a new framework for effective banking supervision.CBRC escorts Chinese banking sector in the operation of economy with the concept of "managing the juridical person. managing risks. managing internal control and improving transparency’and the multi-mode of "yi hang san hui". In long time’s explora tion, China’s banking regulation has sharpened forward, initially forming the theory of banking supervision system with Chinese characteristics, building the legal framework of’the Banking Supervision Law’ as the main body. And the constant enhancement of banking regulation’s specialty promotes the sound operation of the banking industry laying a solid foundation of financial stability. A country’s banking regulatory model sho uld be in keeping with the global financial trends, to effectively guard against financial risks,and to create a favorable environment for secure business for the bank.As new financial derivatives constantly emerge in the frequently changing financial market, and regulation over the banking industry in China started late with a weak basis, the commercial bank in China,the targets of regulation,are relatively fragile in the proc ess of reform and transition. Based on the specific situations in China, there are some ine vitable problems in China’s regulation work over the banking industry. Compared with th e international standard,China’s regulation system is flawed,with an uncoordinated impl cmentation mechanism, a regulation model divorced from practice,out-dated regulating methods and an incomplete legal system. The reasons for these problems are closely conn ected with the specific historical situations and current economic development in China, which poses holdbacks and hidden threats to the regulation system from the aspects of the regulators, the supervised entities, the supervising ideas and methods. Recognition of th e problems enables us to make improvements accordingly. CBRC authorities sustain great responsibilities. In front of the challenge, they assess the situation and make careful choices. What’s more, they attach great importance to the international standard and foreign experience, acting prudently, they are willing to explore the method and route of improving our Nation’s bank regulation, drawing lessons from the development and maturity constantly. Next, we should take a broad view of international banking regulation arrangement based on the actual situation of domestic banking regulation, improve and perfect the rule of law in the area of our banking regulation on the basis of Basel Ⅲ, take law as the two wings, system as the fuselage, talents as the nose and reformation as the traction. Strategies and proposals of improving our bank regulation which are internally and internationally compatible should be raised in the harmonization between deregulation and stringent regulation, the junction of macro-supervision and micro-supervision, the methodology of comprehensive regulation direction and advancing in stages. Specifically, we should construct platform for effective regulation, build the all-round banking regulation legal framework on the basis of the perfected "Law on Banking Supervision", establish comprehensive risk management system, improve regulatory enforcement mechanisms; attach importance to the reserve and cultivation of the banking regulation talents. All parts relevant should make joint efforts to deepen the reform of the national financial system, establishing a new stage for the development of banking industry, on which all parts take means to promote the scientific and normative development of current banking regulation system day by day, so as to fulfill the goal of effective regulation guided by the banking regulation theories with Chinese characteristics and ensure a sound, stable, orderly and powerful new development of the economy.