Study On Legal System Of Market Access Of Private Banks In China

As a new financial power,private banks bring vitality to China's financial reform.As a pilot program,the market access system directly determines the development prospects of the approved private banks.In China,the legal system of market access of private banks is still lack of practical and in-depth research.The five private banks pilot open,provides a good material for the study of legal system of market access;at the same time,China's Taiwan region and other countries on community banks also provided valuable experiences.In this paper,through the analysis of a large number of materials,combined with the development of private banks in China,the paper puts forward a feasible plan.The most important thing is to improve the relevant legal system,to establish a reasonable and effective laws and regulations,improve the regulatory system and measures.This paper argues that private banks should be more open to private capital in the entry stage.At present,private banks should be located in the local economy especially small and medium-sized enterprises and individual industrial and commercial households as the main service object of community banks,not excessive pursuit of scale and formal financial markets to seize the market.To supervise the market entrance of private banks,should review the legality of the operator's business scope;review;the classification of banking licence system;the legitimacy of private banks registered capital sources;for private banking business managers,to review whether they have achieved Chinese current financial qualification;as bank regulators need to develop and improve the bank qualification standards,to ensure that the banking sector is composed of basic financial management and a rich experience in the management of occupation managers;review of senior management personnel qualifications the study on the legal issues of private bank market access,improve the deposit insurance system and so on.The development of private banks of the difficult road,the predicament of public trust and doubt derived,competitiveness and survival ability of small scale anti risk serious,poor bankruptcy rate private banks "obstacles to development and Its Legal Countermeasures--to private banks floodgates for the background",and related high-risk loans associated with the absence of law.From the legal system to overcome this dilemma must set up some will slowly let private banks,clear investment shareholders selection mechanism,improve the private banks registered capital threshold,its positioning of large banks,build equity reasonable framework,strict regulations of related loans,the introduction of private bank shareholders increased responsibility for construction market and deposit insurance.The supporting mechanism.The private bank market access system at present stage shareholder qualification legal gaps,this article analyzes that hinder the information asymmetry of shareholder qualification is the key factor "the shareholders of private banks and legal moral risk prevention";lack of legal system is the main reason.And this made the relevant countermeasures and suggestions:to construct a market access system,establish and perfect the reasonable corporate governance structure and ownership structure,strengthen the private banking supervision system of external environment of private bank shareholders of moral hazard and risk of constructing the system of accountability system.This paper puts forward the direction of the development of China's private banks from the macro aspects:improving the external environment and internal environment of the operation of private banks.The general nature of the private bank market access legal concept;the microscopic properties of the implementation of the bank licence grading system;reasonable minimum registered capital;clear private bank three license system;perfect duty licence supervision department;investor and capital regulation;perfect deposit insurance system etc.To improve the legal system of private banks in terms of market access,these suggestions will be the impact and significance of the results of the discussion.