On Main Legal Problems Of Foreign Banks Withdrawing Supervision Institution In China

According to China's commitments to WTO, China will open its bank market to foreign capital gradually. It is to be seen that more and more foreign banks run their businesses and compose an important part of banking in China. Because foreign banks bring more competitions to the whole banking, stable developed foreign banks will contribute to China's finance market. As everything has its negative effect, foreign banks would have no survive. They are quite different from domestic banks. China should establish a complete supervision institution, which covers market access permission, risk in operation regulation and withdrawing supervision. And China's withdrawing supervision institution is not so perfect that needs to be accomplished immediately. This thesis researches on main legal problem of this institution and compares practices of other countries. Basing on their experience, author gives out his own suggestion on accomplishing China's foreign banking withdrawing supervision institution. This thesis is divided into three parts.Part one is a summarizing part about recent status of China's foreign banking withdrawing supervision institution. Foreign banks develop rapidly and steadily for the financial liberalization orientation. First of all, conception and legal characters of foreign bank should be defined, and market access permission for foreign banks in China also should be studied. This is to clarify specialties of foreign bank in China, which are the objects of supervision. In this part, author also demonstrates the conception of foreign bank withdrawing, forms of withdrawing and basically legal problems about foreign bank withdrawing supervision, and discusses the legitimating and necessity of supervision.Part two is about foreign bank withdrawing supervision in Basel System and practices in America, in the Great Britain, in Germany and in Japan. Author compares their experience and tries to find out the effective methods for reference.In part three, author analyzes recent status of foreign bank withdrawing supervision in China and points out legal limitations of China's way. To solve the question how to supervise, author compares the reality in China with international practices, and gives out his suggestion at last.Comparison method and inductive method are adopted in this thesis. By these means, author defines the conception of foreign bank and demonstrates relative legal problems of foreign bank withdrawing supervision. In order to guarantee finance security, author focuses his research work on how to accomplish China's foreign bank withdrawing supervision institution.