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Legal Regulation on Intermediate Business Fees of Commercial Banks

Author: ChangZuo
Tutor: ChenAiJiang
School: Nanjing University of Aeronautics and Astronautics
Course: Economic Law
Keywords: commercial banks bank customers intermediate business fees regulatory legalregulation
CLC: D922.281
Type: Master's thesis
Year: 2012
Downloads: 118
Quote: 0
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Abstract


In recent years, the project of intermediate business fees in Chinese commercial banks becomemore and more, causing bank customers can not understand charging for the intermediate business.The charges are made parties to the dispute based on legality and legitimacy. Since the intermediatebusiness of their own development is still immature, the corresponding system of regulatory and legalregulation in the initial stage, intermediate business fees especially controversial legal issues, throughin-depth analysis of this issue, the system proposed theoretical and practical significance.There are theoretical basis for intermediate business fees, include principle of price,28principles,theories of labor theory of value. Commercial banks have a legal right to the middle of the businessfees. However, due to the contradiction between the bank and the customer relationship and thecommunity-based of the law on service charges determines the intermediate business of commercialbanks must charge a reasonable regulation. Contract transactions for banks and their customer’s lackof adjustment, lack of bank customer’s right protection, Hearing procedures of Public welfare onintermediate business have problem of aadjustment, regulatory CBRC also not in place.Right to intermediate business fees is a "right" and is a statutory right, its scope is statutory. Forthe establishment of fees to follow the principles of reasonable in fair dealing, the principle of qualityand price consistent, The principle of good faith,the principle of openness. Clear obligations ofcommercial banks of intermediate business fees, to establish a "timely disclosure"，"standarddisclosure" and "system disclosure" complete system of information disclosure. For the CBRC on theintermediate business fees regulatory system charges improve its own system, certainly the role of theChina Banking Association, Establish specific criteria and mandatory measures on the supervision ofinternal control mechanisms from three aspects.

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Banking Law
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