Law Regulation Of Bank Tying Behavior

In China, bank tying behavior as a transaction is always present in the banking sector, and under the circumstances of the credit shortage and financial mixed, will appear increasingly frequent sight. In view of the implementation of bank tying behavior will impact the interests of bank customers and the related financial consumer body, and therefore control tying behavior is very important in the banking sector.However, from the laws and regulations of China promulgated the view, never use the legal term "bank tying behavior," that does not give the bank tying authoritative legal definitions. Take measures to regulate bank tying mainly from the perspective of general competition law to regulate, the bank tying regulate is basically follow the general provisions of competition law, even in the China Banking Regulatory Commission regulations and other relevant regulations documents can be seen on the bank loan tying some control and regulate behavior, but because of the low rank of these legal provisions, regulations and other factors is not clear, still can not play an effective role. In the developed countries, they are attaches great importance to the bank tying control, especially the United States, issued "Bank Holding Companies Act of 1970 amendment", which inevitably become the best reference for our country and the world bank tying practices and control behavior.In this article, I will introduce our laws and regulations relating to the tying, combined with the particularity of the banking sector, for specific performance of the bank tying detailed analysis; and introduce the per se rule and the rule of reason under defining the bank tying criteria, in order to find a method for the determination of the bank tying. By comparing the behavior of US banks tying the Legislation, the author believes that the current regulate to the bank tying behavior in the face of a series of problems, such an elements identified illegal tying relatively simple, punishment mechanism is not comprehensive, Remedy unsound and supervision mechanism is not clear and so on. As a result, I hope that commercial banking law in the process of modifying or "anti-monopoly law," the introduction of relevant judicial interpretations may increase even refine the detailed specification bank tying regulations in the future, giving the bank tying behavior to clear scientific, Scientific definition of illegal tying Elements, comprehensive and clear action mechanism of bank tying behavior, Setting the appropriate bank regulatory agencies and sound legal responsibility for tying regulation.