| From the legal perspective, this thesis attempts to explorewhat is market access legal system for foreign bank 'ought tobe' and what is 'as it is', and to discuss the perfectionof market access legal system for foreign bank in China.With the development of globalization and liberalization offinancial service, the role and influence of foreign bank inthe host country have been gradually promoted. Meanwhile thereare more and more market access rules for foreign bank in manycountries' banking laws. Market access is also heavilyconcerned in WTO's legal system. China has become one memberof the World Trade Organization from December 11, 2001. TheChinese financial law should be in conformity with the WTO.Although we have changed some laws and rules, some questionsare still exist and should be changed. How can we perfect marketaccess legal system for foreign bank?On the basis of some countries' banking acts and regulationsof authorities, WTO's legal documents, the dissertation dealswith the important issues of market access rule for foreignbanks. The study shall be completed through the methods ofeconomy, compatative study, and the case study of some legaldocument for market access in banking sector is still thefundamental method.The contribution of this thesis is as follows: first, the studyof the market access legal system for foreign bank 'ought tobe 'and 'as it is' is valuable for the reform of legalsystem's seting after her entry into WTO, which is of vitalimportance to the enhancement of China's market access lawsystem for foreign bank at the age of financial globalization.The second, the demonstration of the fundamental principles mayprovide specific knowledge for the legislation and applicationof market access law for foreign bank.This thesis consists of five chapters.In the first chapter, the necessity of markter access legalsystem for foreign bank is being closely investigated.Theemergence and the development of foreign bank are due to theinner requirements of the economical and financial globazation,at the same time, the further development of foreign bank hasgiven significant inpetus to the economical and financialglobalization. Then I still introduce its legalcharacteristics.Chapter Two, I focus on its objective, law principal and maincontents. They are basic theory of market access law for foreignbank. The goal of market access legal system is to maintainpublic interests, ensure financial security and keep faircompete between banks. The basic principle of each country'smarket access legal system reflects its attitude to foreignbanks. At last, I introduce the main content of market accesslegal system for foreign bank.Chapter Three, A comparative research has been made in the worldupon the market access legal system for foreign bank. Since theentire law content can be divided into five parts , this chapterdiscusses them step by step from 'ought to be 'to 'as it is'.The five parts are organization limitation, entry requirements,application and approval processing rules, operation scopelimitation and market access legal system by purchasing bankstock of the host country's bank.Chapter Four, the ralationship between WTO and market accesslegal system for foreign bank. It introduces and reviews marketaccess rules of the legal documents of WTO. Market access ispaid great attention to in WTO.Chapter five reflects the contemporary contents of China'smarket access Law for foreign bank, indicates that there aresome defects and proposes some suggestion. My suggestions isas follows. At first, On the value orientation,we should insiston the legal principle of WTO. On legislative style, we shouldperfect it to make it more rational. International Morediscretion standard of the market access legal system forforeign bank should be increased. At the same time, somespecific rules should be changed.To make the thesis more perfect, I have read lots of books andperiodicals. I have learned related materials about foreignbanks widely. But because of the shortage in practice,thereare some def... |
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