| In the past few decades of development, China's finance industry has made enormous progress. The financial system of China takes shape tentatively, the banking system is perfected and developed constantly, and the financial legislation makes quite great achievements. The issue of a series of laws, regulations and policies enable the supervisory authorities to supervise and manage the finance industry in accordance with the law, guarantee the healthy and steady development of China's finance industry, and maintain the stability of social order. As China joins WTO, the quickening of financial internationalization and the process of integration facilitate the trend of the financial internationalization to a certain extent, and at the same time, mean the internationalization of financial risks. It is objectively necessary to supervise the financial industry in terms of the globalization, strengthen the supervision cooperation of the countries, and prevent and dissolve the financial risks cooperatively.Accompanied with the tendency of the day, the western countries change into the mode of integrated operation and integrated supervision progressively. However, our country still adopts mode of specialized operation and specialized supervise. On April 28, 2003, China Banking Regulatory Commission was established formally. This is a great action of perfecting the specialized regulatory system of finance industry in our country, and a very important step that the reform in banking system of our country is taken. The establishment of the CBRC indicates that the mode of the People's Bank of China taking in charge of both macro adjustments and banking regulatory is over formally. As a result, macro adjustments and banking regulatory enter into a newhistorical period. Such new function of separating financial macro adjustments from banking regulatory fits the development of finance industry in current stage of China. It is benefit for helping the steady development and risk prevention of finance industry in China, promoting the specialized level of monetary policy and banking supervision, further strengthening self-tied mechanism and inside management of commercial banks, improving the quality of the assets and operating benefits. At the same time, relevant law makes corresponding modification, and establishes legal status of CBRC.The structure of the thesis is divided into four chapters.Chapter one: The relationship between financial supervision and financial legislation. It introduces some theories of financial supervision and financial legislation, explains the relationship between the two. The financial legislation provides legal guarantee for financial supervision.Chapter two: Financial supervision, the development of the financial legislation and existing problems of our country. It explains the current situation of finance industry of our country, and emphatically analyses the questions existing in the formation of banking and insurance regulatory systems, current situation of supervision, and the development of regulatory legislation.Chapter three: Foreign financial regulatory mode and financial legislation. It introduces the new and old agreement of Basel which are conductively meaningful to the financial supervision, and compares the issuing background, content of the agreement. It also introduces the metering method of the operation risk of the new agreement. Measures in financial regulatory and financial legislation of U.S.A. and Japan, have quotable meaning for the improvement of financial supervision of our country.Chapter four: Some suggestions of the financial supervision of our country. On the basis of analyzing and drawing lessons from the supervision and legislation of the western countries, this chapter puts forward the opinions and suggestions to financial regulatory system and financial legislation of our country, and perfects them, in order to make them adapt to the change of the new international environment... |
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