| With the rapid development of the global economy, the currency in the national economy occupies a distinct and special status, and therefore engage in banking business currency will occupy the lifeblood of the national economy and in the financial position, that is banks the adverse management crisis on the one hand have a huge impact on the healthy development of the financial sector, it can also cause enormous repercussions in the entire national economy. Access supervision of foreign banks as foreign banks enter the Chinese market in the first door, strengthen supervision of foreign banks access conditions for foreign banks can play a preventive role. In the 21st century, international economic and trade exchanges become more frequent, the basic realization of the process of economic globalization, countries will have to strengthen supervision of foreign banks access control as a means of national economic health. So the study of foreign banks access conditions for the regulatory system from a legal perspective, and has profound practical significance and necessity of legal regulation of running with the development of foreign banks. Today, posing in front of regulators and legislators problem is how to analyze the conditions of supervision under the premise of the legal status of foreign bank access, analyze a problem in understanding, learn from the advanced international experience for China to make better use of foreign capital Bank promote domestic economic development path.The author first discusses the necessity of market access for foreign banks Legal System In this paper, from the study of the system and maintain domestic economic security, meet the requirements of world economic development, and contribute to the promotion of national economic development linkages were elaborate, emphasis demonstrated in our current legal system, legal system study foreign banks have market access regulation inevitability and necessity demands.Next article reviews the status of China’s current legal foreign bank supervision and lack of access conditions and problems. Although China has developed regulatory supervision of foreign banks access conditions for the content of laws and regulations and the implementation details, but there is a lower level of legislation, the State Council formulated regulations based, did not rise to the level of sectoral laws; regulation on access conditions of foreign-bank market the presence of specific legal provisions loophole provisions are too general, with common international practice divorced from other issues.Since the market access conditions for foreign banks supervision regulations for foreign banks to enter China market in the first line of defense, its importance and the fundamental role of countries in the world it is to be highly valued. In the developed economies of the United States, Germany, Japan, for example, in the applicant qualifications, capital requirements, management and management systems and home country supervision levels were specific, strict legal provisions; as an emerging market economy State of Singapore, South Korea also made about the content of a unique setting. Meanwhile, in the international community, relevant international organizations, economic and financial instruments and measures linked also to foreign bank regulatory law market access conditions taken to make a customary interpretation and regulations. These are all foreign banks in market access regulation legal regulation in the field of development and to provide a reference direction.In order to improve the legal system of market access for foreign banks supervision, I propose legislation as the focus of the current situation, and make a comparative summary of the provisions of the world on this basis, according to Chinese defect in more aspects of science presented to foreign bank entry conditions of legal system for effective sound and comprehensive countermeasures and suggestions. |
