Thoughts On Mixed Operation Of Domestic Commercial Banks

Mixed operation has become an inevitable trend of the world financial development with the background of the financial liberalization. In China, mixed operation will also be able to become a business model to face the financial challenges of entering WTO. From the legal point, building mixed business banking system also becomes an important topic of the times. To this end, we need to explore their management from the operation and the history of the Western developed countries and advanced legislative experience with the actual development of China's banking industry to seek China's banking mixed operation with the legal system. Whether the United States, which oriented with mixed operation or the British, which stick to the originator of common law and even Japan, which effected by both civil law and common law, their mixed operation of the banking sector has common law system features: complete legal system, advanced legislation, strict supervisory system. Based on the analysis of the actual situation in China's banking industry and the existing laws in the area of inadequate protection of mixed operation; on the basis of the system from a macro vision micro-system ,the writer designed a real mixed operation with our legal system and built a number of ideas Specifically: revise "Commercial Bank Law" and other relevant laws and regulations, develop laws and regulations in urgent need to build a macro-environment system; On the micro-level, including the re-regulation system, and a number of supporting systems such as enhanced information disclosure mechanism, optimized firewall system , induct the deposit insurance system, improve self-discipline mechanism in the Association of Banks to circumvent the potential financial risks of mixed operations. The article concludes with building a responsibility system so as to build a complete legal protection of their management mechanism.