On The Regulation Of Commercial Bank Of Personal Financial Services Law

In the strategic transformation of Chinese commercial banks, perfecting the legalsystem of personal financial services in commercial banks are important to achievescientific development of banking system, it is the legal security on increasing of socialwealth, achieving resident’s desire on wealth preservation and appreciation. With therapid development of the financial sector,"separate operation, separated supervision" ofthe financial system has not adapted to the development of modern banking personalfinancial services. Financial management policy and regulatory policies are loosen yearby year, it can be foreseen that the range of personal financial services in commercialbanks will be expanded. Under the trend of this era, the current legal system of China’scommercial bank personal financing business is behindhand, the nature of legalrelationship is fuzzy, and the innovation of personal finance product of commercial banksis constrained. These problems greatly hindered the development of China’s commercialbank’s personal financial services, while enabling commercial banks face significant legalrisks.This article main used theory practice, comparison analysis, and history analysis ofmethod for addressed, main part by introduction, and body and conclusions composition,which body is divided into three parts to set out. The first part Combs personal financialbusiness status and the causes in commercial banks, through objective presentation onstatus of legal regulation of Individual financing business in commercial banks in China,and also combs the existing problems on legal regulation of individual financing businessin commercial banks in China, and in-depth analysis its causes. Part II makes aintroduction on experience of legal regulation of personal financial services in commercialbanks in foreign countries or areas, combined with the present situation in China, putsforward the enlightenment on legal regulation of personal financial services in commercialbanks..Last section concludes, on basis of straightening out legal nature of personalfinancial services in commercial banks in China, this article, in the period of economictransition in China, presents that it is necessary to establish mixed management of bankingsupervision system which is adapt to the trend of development. To improving the legalsystem of banking supervision is important institutional arrangements for achieving thisobjective. In addition, the article suggests, on the legislative level, perfecting the legalsystem of personal financial services in commercial banks. Part III internal relations is: following the conclusions in the common sense toanalysis special issues. Connecting with the existing law and regulations of individualfinancing business and the current status of individual financing business in China, as wellas the analysis of status of legal regulation of individual financing business in commercialbanks in China in Chapter II, part III gives several advices on legislation from the angle ofperfecting the legal regulation of individual financing business in commercial banks inChina for the actual needs of personal financial services in commercial banks. Amongthem, the fourth chapter responded to the issues raised in chapter II. In the fourth Chapter,author gives several suggestions towards the issues mentioned in chapter II, which aredisputes on legal nature and the institutional and legislative issues. That is, on thelegislative level, to establish financial consumer protection systems, and perfect theobligation of disclosing and explaining mandatory information of the commercial banks. Itis also necessary to establish a banking supervision system which is adapted to mixedmanagement trend, and to create a relaxed regulatory environment to encourage bankinnovation.