Guard Against The Legal Issues In China's Commercial Banks Operational Risk

It is not rare that operational risk has causes great loss to the commercial banks, and operational risk now is the focus of the banking industry. China has formed a relatively complete framework of laws and regulations on operational risk, which is essential to prevent operational risk.This article here is not going to discuss the technique problem which is one type of the operational risk, but the kind of operational risk caused by people within commercial banks."people related"operational risk is closely related to the cooperate governance and inner control. This article analyzes two famous cases abroad and home with the theoretic tool of agent problem, and try to derive their distinction that China has to pay attention to when bringing in international advanced experiences .Also, we try to find something in common and Chinese unique character. Finally, this article tries to offer optimal suggestions to our Banking Regulatory Authority.