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Research On Legal Dilemma And Countermeasures Of Private Bank Development In China

Posted on:2020-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:S B FengFull Text:PDF
GTID:2416330599462264Subject:Law
Abstract/Summary:PDF Full Text Request
In February 23,2018,the people's Bank of China released information,100 Baixin limited personal credit business license issued by the central bank,the central bank is also the first personal credit license.While the main shareholder in 100 Baixin limited and shares in Chinese Internet Finance Association held 36%,sesame Credit Management Co.,Ltd.,Shenzhen Tencent credit credit information center Qianhai Limited by Share Ltd and other eight companies each hold 8% of the shares.In this way,the sharing and transfer of information information in China has been basically formed,which marks the coming of the Chinese credit society.The rapid development of private banking is inseparable from the construction of credit society.Based on the platform of credit society has been built,the legal regulation and regulation of private banks will be put on the agenda.While the research on private banking business is increasing,it is still a hot spot and focus.Therefore,this paper takes the legal norms and regulations of private banking as research axis,and aims to promote the orderly development of private banking business in China.Firstly,the concept,characteristics and legal relationship of private banking are analyzed.It is pointed out that private banking is a financial service provided by commercial banks for people or families with strong economic strength.The purpose of this financial service is to plan the wealth of such people in all aspects and preserve,increase and inherit their value.The service mode is relatively private,safe and reliable.It is pointed out that the service objects of private banks tend to be specific,the service contents are private,and the business scope is comprehensive.And based on the principal-agent legal relationship and trust legal relationship,the author analyzes the legal relationship of private banks.Secondly,it elaborates the existing legislative norms of private banking in China and makes some comments on this basis.According to the current legislative situation,this paper analyzes the legal difficulties existing in China's private banks,namely,the business scope dilemma stipulated in the Commercial Banks Law,the conflict dilemma between anti-money laundering obligations and information confidentiality rights,the legal difficulties faced by the current foreign exchange management system,and the legal difficulties faced by the market access standards.Thirdly,it analyzes the legal norms of private banking in the United States and Switzerland,two financially developed countries,and summarizes the experiences of these two countries,namely,the development of private banking cannot be separated from the protection of perfect legal system,and the protection of financial privacy and anti-money laundering obligations need to be coordinated.Finally,on this basis,the author puts forward some countermeasures to perfect the private banking business in our country,that is,to expand the scope of private banking business,mainly based on the analysis of breaking through the separate operation and expanding the mixed operation.Balance the anti-money laundering obligation and the right to keep confidential information,based on the stipulation that the anti-money laundering obligation has priority-based on the right hierarchy theory,restricting the intervention of public power-based on the right relief theory,and balancing the security of financial order and the interests of financial institutions.Implementing loose and differentiated foreign exchange control,based on appropriate relaxation of foreign exchange control,implementing classified management of private bank clients;Standardizing the market access standards for private banking,based on the analysis of four aspects: standardizing the scale standards of private banks,standardizing the asset standards of private bank customers,standardizing the professional standards of private banking staff,and standardizing the internal management and responsibility mechanism of private banks.
Keywords/Search Tags:Private bank, Information secrecy, Exchange control, Scope of business, Market access
PDF Full Text Request
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