Study Of The Legal System Of Banking Supervision In China

Market economy is a law-ruled economy. The modern banking industry is the economic activity which is operated under the regulation, adjustment, motivation, protection of a series of laws and regulations. Therefore, it's an essential part of banking research to study our banking industry's operation, reform and development in law perspective. Nowadays, the western developed countries all have established integrated legal system of banking supervision. With the development of financial globalization, our legal system of banking is confronted with a severe challenge. Because of the lateness of our banking industry's legislation, the lack of legislation experience and the influence of legislation environment, the phenomenon of the lag of the legal system of banking development has been more and more serious. Although our legal system of banking supervision has been obviously improved since the China Banking Regulatory Commission took over the affairs of banking supervision, there are still some imperfect laws and regulations. Therefore, how to strengthen the banking supervision and management, perfect its legal system and actively defend and settle its risks will be one of the major tasks in our banking supervision. The system of banking supervision includes three parts: the legal system of banking supervision, the market system of banking supervision and the organization system of banking supervision, and they always simultaneously exist and affect one after another in the practice of banking supervision. When I give a priority to the study on the legal system of banking supervision, I also discuss these three parts comprehensively and bring forward some related legal suggestions.This thesis consists of four chapters:Chapter 1 briefly introduces the concept and the main theories of banking supervision. The meaning and features of the legal system of banking supervision and the characteristics of the law of banking supervision are also discussed.Chapter 2 presents the international comparative research on the legal system of banking supervision, including the regulations of WTO, the influence of the Basle Agreement and the legal system of banking supervision in some developed countries, and provides some advices to speed up compliance with international standards and strengthen the cooperation among international banks.Chapter 3 introduces the present situations of our banking supervision and analyzes the problems in it.Chapter 4 brings forward some advices to improve the legal system of banking supervision in our country, based on the analysis in the previous three chapters.