Research On The Legal Problems Of Market Access Regulation Of Private Banks In China

In 2013,the State Council proposed to start by private capital to set up private banks,opened the prelude to the establishment of China's private banks.For a long time,China's banking system is almost controlled by state-owned capital,with the economic and social development,its drawbacks are gradually highlighted.Compared with the traditional commercial banks,private banks initiated by private capital have shown new features such as focusing on SME financing,implementing Pratt & Whitney Finance,focusing on community development,helping "double creation" and so on.It is of great significance to improve financial system and promote economic development.However,with private banks gradually increased,defects of the existing private bank market access regulatory system are gradually exposed,in general,is that existing market access system can not meet the actual needs,and lacks of external environmental protection of private banks sustainable development.In this context,this paper starts from the related concepts of private banks,and analyzes the existing factors of the existence of private banking market access system,and draws lessons from the successful experience of the relevant private bank access system,and puts forward the concrete system,measures to look forward toproviding some help for the sustainable development of private banks in China.In addition to the introduction,this paper is divided into five parts.The first part is related to private bank.This part first discusses the private capital as the originator of private banks,and analyzes the characteristics of private capital itself.Then the definition of private banks is defined.Finally,the characteristics of private banks are summarized.The second part of the private bank market access system around the relevant content.Firstly,it introduces the meaning of the market access system of private banks,and then introduces the practical necessity of private bank market access.Finally,it introduces the theoretical basis of setting up private banks.The third part introduces the restrictive factors of private bank market access.Firstly,it introduces the relevant legal provisions on the establishment of private banks in China.Secondly,it briefly summarizes the current situation of the main private banks.Finally,it points out the current problems in the market access supervision of private banks.The fourth part is the experience of foreign banks on market access.By introducing the American banking system and the community bank,the opening process and the access regulation of the private banks in Taiwan and the banking license system in Hong Kong,the paper sums up some laws and puts forward the development of private banks in China.The fifth part puts forward the legal measures to perfect the market access supervision of private banks in our country.Including the relevant provisions of the capital conditions,such as the amount of registered capital,payment methods,payment deadline;the issuance of private banks to carry out qualification examination,the implementation of private bank sponsor access system;standardize the ownership structure of private banks to prevent the risk of associated loans,including: the types of shareholders,equity composition,transfer restrictions,restrictions on state-owned capital holdings,etc;the introduction of the relevant licensing system,regulate the scope of private banking business.