| The word "supervise" includes two meanings. One is monitor and the other is managing.It has been proved by world practices that banking business is subject to strict super -vision of authorities,either in developed countries or in developing counties. The enforcement of banking supervision depends banking regulations and supervision systems. Nowadays,China's financial supervision laws are still halting,And banking supervision especially banking supervision system is still weak from the point of law. With the opening of China's banking business to the world market,it has not only theoretic values but also practical values to do more researches on China's banking supervision and on how to establish a better banking supervision legal systems,which fit in with the needs of China's socialist market economy. The thesis consists of four parts as follows:I. Introduction of the present banking supervision legal systems.The concept of banking supervision legal systems is the precise and basis of the articles,whose core is banking supervision. After enumerating three typical definition of banking supervision,the author puts forward his own thoughts on banking supervision,that is,banking supervision is different from banking domination and does not contain the concept of macro-finance adjustment and control. The author gives a definition of supervision legal systems as that:As an important part of financial legal systems,it's the whole mechanisms and organizations impacting the operation of banking business on the basis of laws to fulfill designed goals,which can be named as banking supervision system. The factors the system consists of are the goals of banking supervision,the supervisory body,the supervised bodies and contents of banking supervision. Looking back to the development history of modem banking business in the world,we find that the western countries' banking supervision has experienced free-operation to strict supervision,strict supervision back to freely-operation,finally to freely-operation under supervision and supervision on the basis of self-regulation. The Federal Reserve Laws of America in 1913 was regarded as the beginning of modern banking supervision. In 1975,The Basil Agreement which was worded out by the Basil Committee has been accepted by the whole world as supervision systems. With the rapid development of economy and financial globalization and the wide use of information technology,international banking supervision has arise a new tendency. China did not have banking supervision system in its planned-economy period,which was not necessary at that time. After 1983,the People's Bank of China has performed the function of the central bank. And the history of supervision can be divided into three phases from 1983. Innovations and supervision are the perpetual topics of the Banking business development:Banking supervision leads to innovations of banking business,innovations of banking supervision call for better banking supervision. Supervision-innovations-Resupervision-Reinnovations. Due to this circle,Banking business has experienced more and more developments and contributed great to (he development of economy. The functions of banking supervision systems concentrated on six aspects.II.The basis for banking supervision legal system.There are many kinds of opinions regarding the theoretical basis of banking supervision ineconomics fields. Some of them are definite,for examples,'the theory of the common interests' and 'the theory of social option';Some are opposite,for examples,'the theory of special interests'.The thesis attaches importance to financial risks as to the direct theoretical basis of banking supervision,further more,it clarifies and introduces all kinds of financial risks. The reason why banking supervision is implemented,law own inherent characters and merits,which has been proved by the banking supervision practices of all countries and fit in with the needs of the principal of laws owned by modern market economy. Nowadays,China has owned a comparatively... |
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