The Legal Of Policy-Based Bank In China

The legal status of policy-based bank is the position and legal functions in the legal relationship caused by some forms of financial behaviors,the specific manifestations of which are legal personality and legal functions.Lack of relevant laws and theoretical research cause the definition of China's policy-based bank's legal status with a lot of ambiguity and irrationality.The legal status of policy-based bank decide the purpose of actions and development direction of Policy-based bank,which is the premise of a series of related legal systems such as external relations, governance structure,mode of operation,the internal management of policy-based bank.The demands for reform of China's policy-based bank are increasing,but agreement has not been able to recognize.The most fundamental reason is the policy-based bank's legal status has not been clearly defined.In this paper,through specific analysis of the policy-based bank's legal personality and legal functions as the concrete manifestations of the policy-based bank's legal status,the author tries to summarize the deficiencies of China's policy-based bank's legal status and explore appropriate measures to improve.This paper is divided into three chapters.The first chapter is the analysis of policy-based bank's legal status.The legal status of China's policy-based bank can be summed up as:China's policy-based banks are independent legal entities,as important means of implementation of country-specific economic policy and industrial policy,providing developing financial services for the economic development and supportive financial services for agriculture development,rural economic development and foreign trade development. The second chapter is comparative analysis of the legal status of domestic and foreign policy-based banks.Through comparative analysis, The author think the policy-based banks in the whole world share the common rules and varies with different historical backgrounds,the level of economic development,the degree of financial market development and economic management models.Policy-based bank in developed countries is mainly in order to compensate for market failure,the area of its business is mainly in the areas where the market fails.China's policy-based bank is not only in order to compensate for market failure but also promote rapid and coordinated economic development and achieve the government's goal to catch up with developed countries.The third chapter analyzes the deficiencies of China's policy-based bank's legal status and comes up with the corresponding legislative proposals.The author believes that the nature of China's policy-based bank's legal personality is not clearly defined and the scope of China's policy-based bank's legal functions is not reasonably defined.Policy-based bank should be characterized as a special corporate.On that basis,China should improve self-administered operation mechanism and capital source and profit compensation mechanism of policy-based bank,reasonably define the scope of policy-based bank's legal functions and institute corresponding supervisory system.