Research To The Regulation For Our Banking Monopolylow

In the modern economic globalization trend under the condition of escalating, a country’s financialhealth, efficient operation for the development of the economy, the comprehensive national strength ofascension, and even national security plays an important role. Banking is the core of a country’s financialindustry industry, however, with the rapid development of modern market economy, the banking chaosphenomenon is also more and more questioned by the public, it also illustrates the banking as a financialsector is the leader of the monopoly has also been gradually established.If the banking behavior is not a good legal system to prevent, abuse of dominant market position ofits existing will damage the banking sector, the action of a good competition environment, affecting therational allocation of financial resources, finally for our country the development of market economy. But,throughout our country banking industry monopoly characteristics, with strong administrative color, thetraditional "state-owned" notion, and it is also due to the modern financial system reform caused by theincomplete. In recent years, along with small loans to financial institutions and the development of thenon-state-owned banking sector, foreign Banks also continuously flows into the financial market in China,these no doubt for our country’s banking industry has injected fresh blood, however, the big four state-ownedBanks in the financial market share is still high, the increase of competition main body does not make thebanking competition fully open, compared with the developed countries, there are a lot of shortcomings. So,at present, how to set up system, complete the banking antitrust regulation system, to the development of thebanking industry to create a free, fair and reasonable competitive environment become the focus of theconcern of the our country jurists.If the banking behavior is not a good legal system to prevent, abuse of dominant market position ofits existing will damage the banking sector, the action of a good competition environment, affecting therational allocation of financial resources, finally for our country the development of market economy. Butthroughout our country banking monopoly characteristics, with a strong administrative color, the traditional"state-owned" notion, the first part of this at the same time, adopt the method of case analysis, through to ourcountry banking industry an inter-bank charges phenomenon is discussed and the first case of antitrust case, find out the current and apply the anti-monopoly law that exist in the unreasonable place, for the next lay theanalysis of the causes of the banking monopoly phenomenon exists; The second part, using the standardmethod of interpretation of the concept of monopoly and monopoly in the anti-monopoly law of themanifestation of classification and in the banking industry is described, the rational analysis the reasons forthe banking monopoly phenomenon at the same time, further put forward the necessity of banking antitrust;Theoretical analysis is pointed out that the legal value of the banking monopoly; By contrast analysis,summed up the traditional and modern anti-monopoly law value orientation in the field of banking; Byhistorical analysis method, the third part, mainly explains the development history of China’s bankingindustry according to the historical development of China’s banking industry monopoly regulation arediscussed present situation and the insufficiency, and the current situation of legislation and law enforcementregulation of banking industry and deficiencies to make reflection; The fourth part, using comparativeanalysis method, in the developed country banking monopoly regulation pursues description based on theconcept of the United States, Britain and Canada to the status quo of monopoly regulation of banking industryand summarizes the results of experience for our country to use; The fifth part, put forward thecountermeasures for building reasonable relationship between the government and bank, perfect thecorresponding banking antitrust legislation and establish and improve the regulation of banking industrymonopoly law enforcement, watchdog, etc, put forward some SuggestionsIn this paper, we study mainly adopts the method of comparative law and jurisprudence, law andeconomics, throughout this article is the comparative study method. The anti-monopoly law belong to thegeneration method of exogenous type, therefore, can draw lessons from the case and the passage of somedeveloped countries in the international practice, for the mentioned in this paper, the theoretical basis ofanti-monopoly law and pursuit of value tendency of antimonopoly law in developed countries, analyzemainly from the perspective of jurisprudence, the banking problems of dominant market position,will need tobe analyzed by means of law and economics theory. In addition, there are some scholars both at home andabroad to do a thorough research for banking antitrust problems, and cites some of the ideas and researchmethods of antitrust regulation policy in China’s banking industry has the extremely important for thefurther study of the theoretical and practical significance.