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Legal Research on the Supervision of Problem Bank

Author: WangShanShan
Tutor: ShengXueJun
School: Southwest University of Political Science
Course: Economic Law
Keywords: “Problem banks” Supervision law International reference Disadvantages and improvement
CLC: D922.281
Type: Master's thesis
Year: 2012
Downloads: 16
Quote: 0
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Abstract


The global financial crisis in2008created a large number of “problem banks”,and how to deal with “problem banks” has become one of the challenges faced bymany countries. Lack of professional and standardized legal system of supervisionand supporting mechanism, there are many serious problems in China’s supervisionon “problem banks”, such as excessive government intervention, huge financialburden, closed but not to withdraw from the banking market, etc. Because of thesituation that the risk-resisting ability of our country’s banking system is not strongenough currently and we have been affected by international financial risks more andmore widely, attaching importance to the supervision of “problem banks” andresearching the relevant legal issues has been very realistic and urgency.This paper is divided into four parts to discuss. The first part is the basic theoriesof “problem banks” supervision laws. This section starts from the disposal of bankingcrisis and its relationship with “problem banks” which explain the generation of“problem banks” and the need for supervision, and then definite the connotation of“problem banks”. Based on these, this article explores the composition and the valuetargets of the legal system of “problem banks” supervision, from which derives thebasic legal principles to guide legislation and practice.The second part is international experiences of “problem banks” supervisory law.This section compares and analyzes the legal norms and objectives, supervisionpowers, regulatory measures of “problem banks” supervision and post-crisis financialsupervision reform in the United States, Britain and Japan. The fore-mentionedintroduction can provide examples for our improvement in “problem banks”supervision law.The third part introduces the legislation and implementation of “problem banks”supervision legal in China, and summaries the cases of China’s practice of dealingwith the “problem banks”. This section then analyzes the disadvantages of earlywarning system, crisis management and the exit of “problem banks”, losses andrisk-sharing afterwards, legal liability pursuing in our supervision law.The forth part is the improvement of China’s “problem banks” supervision law.Combined with the particularity of the bank and the reality of our country, coupledwith the experiences and lessons learned from developed countries, this section putsforward some recommendations including the construction of early warning system,the configuration and coordination of supervision powers, improvement in crisis management and exiting law after the discovery of “problem banks”, the matchingdeposit insurance system, strengthening of the legal liability system and so on.Overall, the paper aims at building the specific and standardized supervisionmeasures and procedures through the research on the legislative and supervisionpractice of “problem banks” at home and abroad. Thus efficiency and credibility ofthe supervision will be improved and risk of “problem banks” can be eliminatedtimely. All the efforts above are hoped to contribute to the health development of ourbanking market and protection our national financial security.

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