The Study Of Legal Regulation Of Our Country Commercial Bank M&A

In the past hundred years, the world has had three massive wave of bank mergers andacquisitions, that has become a important shortcutofcrisis managements, expanding thescale of operation, broadeningits business boundary, improving the financial situation.Since the1990s, in the context of global banks in m&a, our country have also been anumber of bank m&a incidents, throughout the case of the our country commercial bankmergers and acquisitions, bank m&a behavior was more frequent in recent years, thedevelopment of commercial Banks is really happy, but the lack of effective regulationand legal guarantee for our concern on the development ofour country commercial bankmergers and acquisitions in the future.Market economy is law economy, the commercial bank mergers and acquisitions as akind of market behaviormust abide by the laws of the market. However, compared withwestern developed countries, our country has not yet set up a complete set of effectivelegal system of commercial bank mergers and acquisitionsfor bank mergers andacquisitions activity. With the advent of China’s financial industry comprehensiveopening period, our country banking industry will face fierce challenges on foreignBanks m&a. Therefore, how to perfect legal system of China’s commercial Banks m&a,to promote m&a market and orderly competition, rational allocation of resources, preventfinancial risks has become a practical problem to be solved in our country.Although many domestic scholars have studied a lot about m&a, but mostly based oneconomics, on the basis of the system of jurisprudence is extremely rare. In view of this,the author take "the legal regulating our country commercial bank m&a research", fromthe Angle of law,to discusset the problems existing in the legal regulation of our countrycommercial bank m&a. This paper applies the method of hermeneutics to the merger ofcommercial Banks were summarized, and elaborates on the concept of commercial bank mergers and acquisitions, characteristics, type, motivation, etc. On this basis, through thehistorical analysis, empirical study method in this paper, elaborating the history of theour country commercial bank mergers and acquisitions, and summarizing and concludingthe problems existing in the process of our country commercial bank mergers andacquisitions, which leads to the present situation and deficiency of China’s commercialBanks m&a legislation. Finally, based on the developed countries of the legal regulationof commercial Banks m&a comparative analysis, and combined with China’s specificnational conditions, suggest to follow the principle of fairness, freedom and security, todevelop our country the commercial bank m&a regulations, after conditions are ripe,improve the legal status, and make our country the commercial bank mergers andacquisitions act; To perfect our country antimonopoly law, and make the anti-monopolyenforcement authority and its permissions clear; Monopoly of foreign capital m&a in ourcountry commercial bank regulation, in order to maintain the financial stability andsecurity in our country and improve the core competitiveness of commercial Banks.