Research On Offshore Banking Supervision Laws

Since the pilot launch of offshore banking in Shenzhen.Guangdong in 1989.China has had a tortuous development process for nearly 30 years.The middle also stopped in the middle because of the financial crisis in Southeast Asia.After that.China has gradually restarted its offshore banking business.Now the overall scale has been initially established,especially the reform of the free trade zone since the 13th National Congress.With the deepening and improvement of the reform,the development of offshore banks has entered a new stage.What is lacking is that the legislative level and legislative system of China's offshore banks cannot provide a solid guarantee for the existing and future development.Although the development of offshore banks is beneficial to China's overall financial strength,it is also accompanied by the emergence of financial risks.Under such a background,it is of profound and important practical significance to establish and improve the legal framework for offshore financial supervision in line with China's national conditions.Although China's existing offshore banking supervision has similar problems such as low regulatory efficiency and chaotic supervision,the incompleteness of the legal system is its fundamental crux,which will affect the development of offshore banking in China.This paper analy-zes the legal framework of offshore banking supervision in China,summarizes the main defects and main problems existing in China's existing offshore regulatory system,and attempts to provide theoretical and argument support for the analysis of related issues.Specifically,on the basis of clarifying China's existing offshore banking supervision legal system,it further analyzes and concludes that there are conflicts in the lower legal level of China's existing regulatory system,the lack of specific business supervision gaps and the mandatory withdrawal mechanism.A series of questions,and then by drawing on the advanced experience of other countries and regions,such as the United States,Japan and the United Kingdom,the Shanghai Free Trade Zone as an example to put forward legal advice on the improvement of China's offshore financial supervision.The first chapter begins with the concept of offshore banking supervision,explains what offshore banks are,then elaborates on the specific characteristics of offshore banking supervision,refines the complexity of regulatory legal relations,the virtual object of supervision,and supervision.It is the five regulatory characteristics of the unity of prudence and exemption,the diversification of regulatory bodies and the dependence of offshore banking on international cooperation.The second chapter elaborates from the four modes of the formation of the offshore bank legal supervision since its establishment,the access system,the business supervision system,the exit system and the risk control system.There are two types of mode selection:internal and external hybrid and internal and external separation;the admission system is divided into the choice of the access subject,the form of the access subject and the way of admission;the business supervision has capital supervision,transaction object supervision,business The four aspects of scope supervision and transaction currency supervision;the crisis supervision system analyzes the crisis early warning mechanism and the deposit insurance system;the risk supervision is divided into three aspects:market risk supervision,credit risk supervision and capital adequacy ratio supervision.The third chapter expounds the status quote and dilemma of the offshore banking supervision legal system.The current situation is based on the existing legal system and is analyzed according to the four aspects of market access,regulatory authorities,business scope and supervision mode.The dilemma arises from the conflicts of lower legal ranks,and the three problems of specific business supervision gaps and mandatory withdrawal mechanisms are elaborated.The fourth chapter analyzes the legal system of foreign offshore banking supervision from the four aspects of the United Kingdom,the United States,Japan and international organizations.The fifth chapter puts forward suggestions for the legal supervision of offshore banks in the Shanghai Free Trade Zone,from the logic of mode selection,access system,business supervision and exit system.