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Study on the Mode and the Legal System of Banking Supervision

Author: YiDan
Tutor: SongZongYu
School: Chongqing University
Course: Legal
Keywords: banking supervision supervisory mode internal control risk control
CLC: D922.281
Type: Master's thesis
Year: 2011
Downloads: 108
Quote: 0
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Abstract


The development of the modern economy cannot leave the stablity of the financial industry. The banking industry is the core of the financial industry. The banking supervision legal regime’s construction is the foundation of preventing the financial risk and keeping the health steady progression of banking industry. In world ,many countries have establishen the banking supervision system successively. The new situtation of the world economy proposed some new requests to the banking supervisory system and our country’s banking supervision system also faces the new challenge. This article through analyzing of the development of the world banking industry finance supervision legal system, profiting from various countries’ experience, attempts to seek from the legal framework to suits our country banking supervision system and consummates our country banking supervisory system. The paper mainly includs four parts.The first part is the inspection to banking supervision system of various countries. It taking American, British, Japan’s banking industry supervision pattern as representative, analyzed legislative situations, the supervision main body and the concrete operational mechanism under three kind of pattern. This part points out that the merits three kind of patterns lie in it good decentralization to keep in balance the mechanism, the supervision authority unification concentrate as well as supervise the efficiency to be high. The shortcoming is that three kind of patterns cannot keep in balance in achieving the supervision power the centralism and the authority. This part summarizes the next bank finance supervision trend of development is multi-level synthesis supervision pattern.The second part analyzes the present situation of our country banking industry finance supervision legal regime. China now has three regulatory law about banking supervision system, various administrative regulations and regulations. Our system is the CBRC to specialized banking supervision, high concentration of banking supervision powers, implementation of the financial sector industries are regulated. Problems in supervision system in China are the legal system, such as regulatory and industry self-regulation does not sound, we need to improve in these areas.The third part ponders the choice of our country banking industry finance supervision pattern. It proposes that our country must establish the first-level multi-level supervision pattern, and establishes the banking industry first-level multi-layer supervision pattern. The first-level multi-layered supervision pattern is the adjustment and the supplement carries on our country existing supervision system, intending to carry on a better authority and the responsibility assignment to adapt the new situation which is brought by the mixed management of the international finance industry. And this part proposes suggestion to consummate banking industry finance supervision concrete legal regime.The fourth part puts forward the proposal to consummate the internal controll system and the risk control system. Internal control system is required in the corporate governance structure, audit system, credit audit management and perfect enterprise internal culture; The perfection of market access system should be from market supervision concept ,audit and relief system.

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