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Study On The Legal Issues Of Banking Supervision Under Basel Ⅲ

Posted on:2015-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:J N WuFull Text:PDF
GTID:2296330434952596Subject:International Law
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Representatives of the world’s major central banks gathered in Switzerland on September12,2010, to participate in Basel Committee on Banking Supervision management meetings and the reform of the international commercial bank capital regulation of new regulations-"Basel Ⅲ" which came into being in this global Conference. This new regulation aimed at strengthening the management level of banking system after the financial crisis which is clear to the banking risk management purposes:First, to enhance the ability of commercial banks to withstand the international financial risks; Second,to ensure that banks hold sufficient reserves without relying on government assistance under the premise of independence, autonomy to deal with the financial crisis in the future; Third, to encourage banks to be free from the burden of a lot of risk and debt, especially in the real estate credit, commercial credit, credit cards business, in order to build a rich stability, persistent financial system."Basel III"times,after a lapse of more than two years later, making adjustments-redefines the highly liquid assets and to relax its implementation on January6,2013.There is no doubt that the "Basel Ⅲ" is an important research in international banking, combing the most abundant practical experience and the most senior level of management in banking, which found the real problems of international banking, expressing the common needs in international banking and pointing out the direction of development of international banking. Changes in its regulatory ideas have led the country to generate the necessary reform of banking supervision law:our CBRC promulgated the "China Banking Regulatory Commission guidance on the implementation of the new China Banking Regulatory Standards" includes (April2011),"Commercial bank’s capital management approach (trial)"(June2012)," commercial banks’ liquidity risk management approach (trial)"(February2014) and a series of laws and regulations, and guidance related approaches. Corresponding to the banking industry as a perspective, combined with the reality of our situation and the banking supervision "Basel III" evolving, increasingly stringent capital requirements framework for research in the "Basel III" on China’s banking supervision law the problem appears to be particularly important.This paper includes three parts, an introduction, a body and a conclusion, learning from the basis of theoretical research and practical experience in Basel from home and abroad, combing with the status of China’s banking supervision, analyzing legal issues and make recommendations. This paper is based on the general framework in2004and10years of Basel conduct. The text is divided into three parts, the first part of the background from the Basel Committee was established starting systematically combing the evolution of Basel, one by one discusses each edition of" Basel Ⅱ " of the main features of the analysis system elaborated Basel the legal nature; second part of the analysis focuses on the main provisions of the "Basel Ⅲ"’s; Finally, on the basis of the foregoing analysis, the first reading of the " Chinese version of Basel Ⅲ" background generated content and meaning, and then follow "" frames from three studies were " three pillars of Basel Ⅲ " reform of banking supervision under the legal system, and the implementation of " Basel Ⅱ regulatory legal issues Ⅲ " existing in the course of the analysis; Last make recommendations and cited solutions to legal problems of our country, expressing to improve them which currently exist in our country.
Keywords/Search Tags:Basel Ⅲ, Banking Supervision, Legal Issues
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