Study On Bank Supervision Legislation Of Nanjing National Government

The bank supervision legislation of Nanjing National Government was further developed and perfected on the basis of the bank supervision legislation of the late Qing dynasty and the Beiyang Government,which was the mature period of China's modern supervision legislation.During this period,Nanjing Nationalist Government promulgated a large number of bank-related laws,and its legislative content and legislative technology reached an unprecedented level.Several of these laws were very innovative and practical,which had a far-reaching impact on China's modern banking law.However,it is undeniable that the legislation of bank supervision in this period also has shortcomings and limitations.On the basis of systematizing the legislation of bank supervision in modern China,this paper mainly demonstrates the practice of bank supervision legislation and the formation of supervision mechanism in the period of Nanjing National Government.Based on the study of the bank supervision legislation in Nanjing National Government,this paper analyzes its positive significance and limitations,and then puts forward some Suggestions to further improve the modern bank supervision legislation in China.The paper is divided into three parts.The first part discusses the background of bank supervision legislation of Nanjing National Government.Since modern times,the natural economy began to disintegrate and the commodity economy developed rapidly after western commodities flooded into the Chinese market.At the same time,the national bourgeoisie continued to grow and capitalism developed rapidly.All these provided the conditions for the development of the banking industry,and the development of the modern banking industry provided the foundation for the bank supervision legislation in the period of Nanjing National Government.The second part discusses the legislative practice of bank supervision and its regulatory mechanism during the period of Nanjing National Government.After the establishment of Nanjing National Government,in the face of the chaotic development of the banking industry,it began to formulate the banking law.The banking legal system of Nanjing National Government was not mature in the early stage,but the legislative technology was gradually mature after practice and repeated modification.In particular,the banking law of 1947 represented the highest level of banking legislation in modern China.In the period of Nanjing National Government also formed a unique bank supervision mechanism.The Nanjing Nationalist Government was initially supervised by the ministry of finance on financial institutions.During the war of resistance against Japanese aggression,a temporary expedient organization,the four headquarters,was established.The institution played an important role during the war of resistance,but it was set up to act as a central bank,and as the central bank matured,the institution completed its mission.The central bank,with the help of the ministry of finance and the four head offices,gradually improved its functions,but eventually did not form an independent central bank supervision system.Within the bank,a complete regulatory regime has also been formed.The supervision of the bank's internal organizational structure mainly stipulates the bank's organizational form,capital contribution method,and the main person in charge.The personnel system is the most concerned system in the internal management of the bank.The supervision of banking business is the first barrier to prevent the occurrence of financial risks.The third part analyzes the positive significance and limitation of the bank supervision legislation in the period of Nanjing National Government and its enlightenment to the modern banking industry.In terms of positive significance,the first is to pay attention to the introduction of foreign advanced legislative ideas;Secondly,the legislative technique and codification method are becoming more and more mature.Third,the regulation function of legal rules is paid more and more attention by the government.From the limitation point of view,one is in the financial industry supervision system to adopt the Treasury supervision;The second is the neglect of traditional business habits.The enlightenment to the modern banking industry is mainly analyzed and summarized in two aspects.Second,we need to fill in gaps and improve China's central banking system.