The Legal Regulation Of China’s Foreign Bank Access Supervision

Finance is the modern economy,"backbone", the banking industry is the world’s financial "buildings","load-bearing walls." Despite the2008global financial crisis cast a thick layer of the banking world,"haze", many multinational banking group had to face the strategic adjustment of pressure and bank regulatory reform adopted by the uncertainty caused by contraction strategy. But they are as well as the performance of China’s economic development potential in China are confident, not only continuing to increase investment in China and support efforts, such as the global financial crisis, has accumulated more than20foreign banks added working capital of48.6billion yuan, and foreign banks will be from the initial outlets gradually extended to the Chinese eastern coastal areas inland provinces, and further strengthen the European and Asian markets of China Unicorn’s role more actively develop and expand in China business. In fact, along with the extensive development of China’s reform and opening up, the market economy and social transformation maneuvering deepening of foreign banks are also Chinese roots, and quickly grow. In China, the reform and opening up is already into deep water, financial reform and opening up the banking sector is one of the iconic content open to foreign investment.In the world of economic globalization and liberalization of financial services in the process of opening up the country’s financial sector are facing the impact of foreign capital, in a large strength, higher management level influx of foreign banks, development, and bring to the host country more money, more development opportunities, but also poses a potential financial risks. In this context, countries market access system will safeguard their interests as to protect the financial security of the important means. In fact, our theoretical circles and legislative circles are also actively studying other countries and regions, foreign banks access to the legislative and regulatory experience, including international organizations to develop the relevant documents, such as the Basel file. They tried to explore both consistent with WTO rules, but also to serve China’s overall economic development strategy of foreign banks in the financial system of market access. Market access for foreign banks, is the regulation on foreign banks to implement the first link, the entry form and more or less favorable, but also directly or indirectly impact on our follow-up supervision on the effectiveness of foreign banks. Therefore, our current financial regulatory legislation and enforcement of an important task is how to establish and improve the ecological basis rooted in China’s economic and foreign banks in the financial regulatory system access. Regulation for access to foreign banks, China has formed a "People’s Republic of foreign banks Management Regulations"(hereinafter referred to as "Foreign Banks Regulations") and "Rules," which, to the "People’s Bank of China Law,""PRC Commercial Banking law "to complement the regulatory legal framework. However, due to our relatively low degree of internationalization of the banking sector, legislative technique is not high, foreign banks access to the legal system, there are many regulatory deficiencies.Based on the research method mainly uses a comparative analysis and historical analysis, part of the contents by making tables and drawing and description of the method of interpretation, and strive to make the discussion more clearly understood at a glance. In the research, the author focuses on the analysis of the regulation of foreign banks access to legal status and the presence of the "short board", and proposed to cover these "short board" exploratory recommendations. In addition, by comparing the UK, the U.S., Japan foreign bank regulatory requirements, as well as analysis of the provisions of the Basel relevant documents to find out in our country should learn from foreign banks access to the advanced experience of supervision.Focusing on how to better regulate the entry of foreign banks in this theme, the author mainly divided into five parts to be discussed:The first part is the "Introduction", this article focuses on research background and significance, research methods and writing ideas. The second part is "foreign bank entry supervision Overview", mainly on foreign banks and foreign bank entry defines the concept of regulation, while the entry of foreign banks discussed the principles of supervision and Our choice for the commencement of full-text lays the foundation. The third part is "the extraterritorial regulation of foreign banks access to investigation", through the UK, the U.S., Japan, foreign banks access to the legal system of the relevant provisions of the regulatory comparative analysis and closely related Basel file contents, summed abroad worth learn from foreign banks access our legal system of regulation in the field of advanced concepts and advanced experience. The fourth part is "legal regulation of foreign bank entry status quo," tease out the supervision of foreign banks access to the legal system, and on this basis, a brief analysis of regulation of foreign banks access to legal defects. The fifth part is the "entry of foreign banks, regulatory laws perfect" for the part of the problems, propose solutions and improve the countermeasures proposed to compensate for the legal regulation of foreign bank entry system deficiencies.