The Research On The Legal Issues Of Operational Risk Control In Commercial Banks

The risk management of commercial Banks has always been focused on credit risk and market risk,but since the 1990 s,the operation risk has brought a series of huge losses to commercial Banks,which has gradually attracted the attention of the world banking industry and the national regulatory authorities.In 2004,the Basel committee formally incorporated operational risk into the framework of overall risk management of commercial Banks in the second edition of Basel accord,and stipulated the measurement and prevention of operational risk.In the third edition of Basel accord,the Basel committee continued to optimize the measurement method of operational risk and improve the information disclosure requirements of operational risk.Western developed countries such as the United Kingdom,the United States and Germany effectively prevent the occurrence of operational risks through sound external guarantee system of operational risk control and sound internal governance mechanism of commercial Banks.For China's commercial Banks,operational risk is also one of the main risks they face.However,the imperfect legal system makes the control effect of operational risk of China's commercial Banks not ideal,and operational risk still happens frequently.This imperfect legal system is manifested in two aspects: firstly,there are problems of low legislative level and lack of system,lagging external supervision system and insufficient market constraints in external security.Secondly,there are some problems in internal governance,such as imperfect corporate governance structure,imperfect organizational structure of operational risk and weak execution of internal control.Draw lessons from the Basel committee and the British and the experience of the three control operational risks in commercial Banks,and combined with the situation of development of commercial Banks in China,Suggestions on the one hand,through the perfect commercial bank operation risk control laws,establishing reasonable industry regulatory system and strengthen the external market constraints to improve the operation risk control of external security system;On the other hand by advancing commercial Banks property right system reform and construct the responsibilities clear corporate governance structure,optimization of operational risk management organizational structure and strengthening internal control to improve the commercial bank's internal governance system,so as to build up a combination of inside and outside of the legal system ofcommercial bank operation risk control.