The Legal System Of Bank Supervision

Banking supervision is the focus of the world’s financial supervision, andsupervision of foreign banks is an important part, and the regulation of market accessis one of the focus on the supervision of foreign banks. Since joining the World TradeOrganization, which the application of the principle of National Treatment tosupervision of the market access of foreign banks, had a significant impact on thedevelopment of China’s banking regulatory and commercial banks as a whole;meanwhile globalization of the financial crisis had given foreign banks’ market accessfor new problems. I chose the foreign banks’ market access supervision of Chinesebanking supervision as a breakthrough to explore China’s banking supervision. Thispaper is divided into six chapters, and learn from academic research results to maketheir own analysis:Chapter I is an introduction, the reason that the author select the supervision of themarket access of foreign banks in the banking supervision as the research object.Chapter II is about the definition of foreign banks and market access. Determiningthe specific meaning of the object of study is the basis of the study, the author definedthem from the theoretical and legal definition of two aspects, in order to give arelatively accurate definition.Chapter III introduces the history of legislation on market access for foreign banksin China. I chose our specialized aspects of the market access legislation, which will bedivided into a comprehensive legislative and business scope of the legislation. All ofthe legislations can be seen of the inheritance and development of Chinese legislationon market access for foreign banks, as well as its causes and policy considerations.Chapter IV is on the principles of market access for foreign banks and contentanalysis. That the principles of market access in China should be protectionism,national treatment and the principle of reciprocity, especially the principle of nationaltreatment; and the content of market access can be divided into institutional access regulation, the supervision of business access, and the personnel access regulation.Chapter V is the main part of the article, the author make an introduction of China’scurrent foreign banks market access for institutional access, business access andpersonnel access to reports, and make the legal comment from the national legislativepractice of legislative status quo，and make specific recommendations accordingly.Chapter VI make the basic conclusion of the article, that the Chinese foreign bankssupervision on market access legislation is immature, but it has formed the comparisonconforms to the practice of legislation in our country in the30years of development,by drawing on international regulation of banking experience and national practicelegislation.