China's State-owned Commercial Banks, Corporate Governance, The Particularity Of Study

Finance is the core of a country's economy, state-owned commercial banks in China's financial system plays a decisive role. High-efficiency development of state-owned commercial banks requires perfect corporate governance. Present, China state-owned commercial bank reform is not completed, the reform of corporate governance mechanism needs further in-depth. This article aim to define the meaning of commercial banks governance and the specialties of state-owned commercial banks governance, in the unique perspective of economic law, focuses on the issues in the aspects of the board of directors, pay incentives system, as well as banking supervision of state-owned commercial banks. On the basis of the analysis of state-owned commercial banks of the legal basis of corporate governance, through corporate governance of commercial banks to fully learn from international comparisons at the same time related systems, and actively explore the measures and recommendations to improve corporate governance of state-owned commercial banks. These measures and recommendations aimed at promoting state-owned commercial banks, efficient, healthy, sequence of development, and enhance its international competitiveness in order to meet the challenges of the global economy.Full-text is divided into three parts.Chapter One. The theoretical basis and the specificity analysis of state-owned commercial banks governance. First of all, analysis the concept of corporate governance, through the interests of shareholders theory and stakeholder theory in a comparative analysis of, using the concept of the overall interests of economic law, commercial banks governance is obtained on commercial banks within and among stakeholders a series of organizational framework and institutional arrangements, and its essence is through a series of institutional mechanisms to achieve the commercial bank, shareholders and stakeholders of the main checks and balances between the powers. At the same time, commercial banks governance associated elaborated the theoretical basis, which includes the traditional principal-agent theory and property rights theory, the post-discussion of the text provides a good legal basis. And then analysis the specificity of state-owned commercial banks, noting that state-owned commercial banks in the capital structure, ownership structure, social function, principal-agent relationship, information symmetry, product competitiveness, credit and debt structure, risk government supervision has a feature different from other companies. For the state-owned commercial banks to conduct a detailed analysis of the characteristics is to study the specificity of corporate governance of state-owned commercial banks, a prerequisite. The next part further in-depth analysis of corporate governance of state-owned commercial banks, specificity, pointing out that corporate governance of state-owned commercial banks must attach great importance to corporate governance objectives, board of directors, salary mechanism, and supervision and so on.Chapter two The current situation and problems of state-owned commercial banks governance. This chapter analysis the current situation and problems of corporate governance of state-owned commercial banks from board of directors, salary mechanism and supervision,. Through shareholding reform of state-owned commercial banks have set up the initial decision-making in the board of directors operating under the relevant mechanism, but the board structure is not entirely perfect, the directors selection mechanism missing, the directors of state-owned shares dilemma as a constraint to the internal governance of state-owned commercial banks. At present the state-owned commercial banks have established a performance-based pay system, but the lack of long-term incentive for senior management composition, the overall level of executive salary is low and reflects a strong "official standard" color and other issues remain. China's current banking supervision embodies rigorous external supervision and internal control features of weakening, but the legal system of regulation, banking information disclosure, supervision of the regulatory agencies, regulatory system coordination mechanism still needs to be improved.Chapter three The improvement of state-owned commercial banks governance system. This chapter through the international experiences of state-owned commercial banks governance, to the unique perspective of economic law, explores the improvement of state-owned commercial banks governance system from the board of directors system, incentive and restraint mechanisms, as well as supervision. In which the full draw on Singapore's model, based on a complete set of state-owned commercial banks, several reflections on the board of directors; learn Shanxi system and consider the special circumstances of our country, made a perfect incentive mechanisms of state-owned commercial banks to salary mechanisms; by the U.S. sub-prime crisis causes analysis and revelation of the banking supervision put forward to adapt to state-owned commercial bank supervision of several measures.