Study On The Legal Problems About The Capital Adequacy Ratio Supervision Of Commercial Bank In China

As the core content of international banking regulation standards—Basel Accords，the capital adequacy regulation has won the acceptance and promotion of most countries in the world. As to the study of advanced regulatory concept of international bank, our country always keeps following up, and the exploration of capital adequacy regulation has been along with the international situation hinges. However, because the characteristics of Banks in China states late and develops rapidly, the change of corresponding legal supervision content is relatively frequent, they have not yet formed a comprehensive and efficient legal supervision system. For China, the supervision of the capital adequacy ratio is the focus of the financial prudential regulation and the research trend of development of the banking supervision legal system. The study of the supervision of the capital adequacy ratio is helpful to realize the goal of legal and prudent operation of the bank, is useful to the supplementary capital and resistant risk of our country, and is also useful to protect he creditor’s interest.Based on the title of the Study of Commercial Bank Capital Adequacy Supervision Law Problem in China, combining with the present situation of the capital adequacy supervision in our country, from the perspective of capital complements, the author analyzes problems, such as in the process of commercial bank capital complement in China, quantitative standard may cause the risk of potential dangers in a short time. Compared with the foreign advanced supervision system, drawing lessons from the advanced regulatory philosophy, the author puts forward legislation and implementation suggestions to capital adequacy supervision in China, such as the construction of legal supervision system of the capital adequacy ratio, fund supplement, self-discipline supervision, information disclosure, etc. In this paper, the author uses some research methods, such as the specific literature research, chart analysis and inductive analysis. From the innovative perspective of “Measures for the Management of Capital Adequacy (trial vision)”which promulgated on June7,2012, the author uses the latest annual report data to analyze the status of commercial bank’ capital adequacy ratio of our country. Besides, in combination with the theoretical economic knowledge, the author discusses commercial banks’ capital adequacy supervision from the perspective of the capital complement, and obtains the important conclusion of improving the supervision of capital adequacy ratio of our country. In the process of docking international advanced supervision concept and localizing the capital adequacy supervision, we need to consider some characteristics actually, such as China’s market economy system which preliminarily established, strong administrative intervention and relevant legal supervision system is not perfect, then formulate a scientific and reasonable capital supplement mechanism. In the process of supervising the bank’s capital, we should not only pay attention to the quantitative assessment requirements, but also focus on improving the quality of capital, and consider the effect of supervision. Meanwhile, we should change the commercial banks’ management philosophy, perfect the legal framework of capital adequacy supervision, improve capital adequacy ratio supervision index, improve the commercial Banks internal control system and information disclosure system, which makes our country commercial bank to resist risk better, manage prudently and protect credit.