Research On Legal Regulation Of Relations Between Banks And Government In The Perspective Of Contract Theory

State-owned commercial banks, which play an important part in the development of Chinese commercial banks, have got a close relationship with government due to the unique evolutionary path. Economic law, as rules regulating government’s behavior of intervening in the economy, deals with relations between government and market players. as far as relations between banks and government concerned, economic law arranges specific powers, rights, duties and responsibilities for banks and government. Therefore, government intervening commercial banks moderately needs to find out which legal relations are and which are not, what conflicts between banks and government are, and to seek appropriate framework for organizing complex relations between banks and government. The theory of moderate intervene describes the idea picture, but does not give a specific path to make complex relations between harmonious. Fortunately, contract theory will guide banks and government to the harmony. So the proposition that economic law how to make government intervene state-owned commercial banks moderately changes into another proposition that economic law how to make banks and stakeholders play a cooperate game with government for financial security and efficiency. This dissertation consists of introduction and five chapters. Structurally, it develops in the following logic:what conflicts between banks and government are, why conflicts happen, and how to make complex relations harmonious.Introduction focuses on introducing contract theory. Through analyzing the meaning and characters of contract, tracing back to the origin and development of contract theory, it is found that contract theory does have many advantages to the research of economic law for regulating relations between banks and government. Meanwhile, applying contract theory is feasible. It is intended to offer a new perspective and a theoretical base for following analysis.Chapter one, entitled by relations between banks and government and regulation by economic law, is intended to problems posing. For complex relations between banks and government, economic law has unique advantages and it is the key to make relations harmonious, so to find the existing problems in economic law is the first and necessary step.Chapter two, entitled by the historical evolution of relations between banks and government and regulations, applies contract theory to analyze reasons of the disharmony of relations and regulations. The conflicts between banks and government have historical reasons. In contractual perspective, this chapter offers a new interpretation to historical evolution of relations and rules, explaining why so evolution occurs and why rules match corresponding relations. Tracing back relations and rules to origins, the disharmony of relations and regulations has an institutional explanation.Chapter three, entitled by reasons for the disharmony of relations between banks and government, is to find reasons from a static point of view. In contractual perspective, three legal relations between banks and government are contractual arrangement, and through arranging appropriate rights, duties, powers and responsibilities by economic law state-owned commercial banks, government and stakeholders can cooperate in supplying financial security and efficiency. Applying the theory of economics, this chapter proves that three legal relations are inevitable contractual arrangements. The contractual subject is the main factors for game, including the utilitarian goal and the ability to play games. Conflicts of utilitarian goals, mismatched abilities for game, improper contractual arrangement, and mechanisms against contractual game, are reasons for the disharmony of relations between banks and government.Chapter four, entitled by the regulation of the relations between banks and government by economic law at the stage of contractualization, through the method of type classification, finds differences among non-contractual type, contractual type and the type of contractualization, and acquires the specific paths to the harmony of relations between banks and government. However, as law is local knowledge, transplanting advanced foreign legal experiences can not resolve our real problems. Only considering the restriction of local resources can make the legal system for relations between banks and government full of life, therefore we should find out what local resources and restrictions of informal institutions are.Chapter five, entitled by the reconstruction of the legal system for the relations between banks and government, uses contract theory to construct the legal system. Informal institutions may be obstacles, so to search for the marginal breakthrough in the restriction of informal institutions should be the first thing to do. Based on breaking through the constraints of informal institutions, this chapter reconstructs the values and specific rules of the legal system which regulates the relations between banks and government.