Research On The Legal Supervision Of Commercial Banks In Foreign Loans For Internal Guarantees

This article is based on the existing legal norms on the supervision system of the foreign loans for internal guarantees of commercial banks,including the regulations of the SAFE,the PBOC,the CBRC,the NDRC and the MOFCOM on the legal supervision system of the Foreign loans for internal guarantees of commercial banks.Moreover,the paper places the regulatory authority,the regulatory objectives and the regulatory means,which are based on the logic of Administrative Law,in the macro-regulation of foreign exchange.Furthermore,this paper analyzes the current situation and problems of the legal supervision of the foreign loans for internal guarantees.Additionally,suggestions combined with practical operation are put forward to solving the above problems.The first chapter is the introduction part,which mainly introduces the economic and related policy background of the research,the mode of the foreign loans for internal guarantees and its transaction structure.The second chapter analyzes causes of the foreign loans for internal guarantees apprearance and the necessity of supervision.Firstly,the foreign loans for internal guarantees were formed by "bypass ODI" to avoid the regulation of foreign exchange.Simultanously,the demand for the development of commercial banks business is a driving factor of the foreign loans for internal guarantees.Secondly,this paper elaborates the necessity of supervision of the foreign loans for internal guarantees of commercial banks by analyzing risks of the foreign loans for internal guarantees.Chapter 3 states the current regulation of the foreign loans for internal guarantees of commercial banks.In the fourth chapter,the paper concludes several main problems of the current supervision based on the third chapter:the subject and object is not clear,the target of supervision is not accurate,and the enforcement of regulatory means is difficult.The fifth chapter puts forward some suggestions like clearing the subject,defining the position of the object,clearing the target and perfecting supervision means.The last chapter is a conclusion of this article,which is the general thinking and a vision of futurity on the legal supervision of the foreign loans for internal guarantees of commercial banks.