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Market access for foreign banks in the legal system

Author: YangXueMei
Tutor: JiangYuMei
School: Southwestern University of Finance and Economics
Course: Economic Law
Keywords: Foreign banks Market access WTO
CLC: D996.2
Type: Master's thesis
Year: 2005
Downloads: 290
Quote: 1
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Abstract


This paper aims to study the legal system of market access for foreign banks 'ought' requirements and actual situation, to take this to explore how to improve market access for foreign banks in China legal system. With the further development of the international financial market integration, the status and influence of foreign banks in the host country is becoming increasingly prominent. Foreign banking market access issues, also is concern in the the bank legal system of each country. And, in the legal system of world trade, market access is one of the most concern. Our country has become a WTO member on December 11, 2001, since China's financial opening up has entered a new stage. Compared with the accession to the WTO before the Chinese financial liberalization, financial liberalization in China after WTO accession with distinctive characteristics by active open to passive open; converted to the opening up of the system level by the technical aspects of open; open shift by the top-down inner power as open outside-foreign driven. China's WTO commitments made about access to foreign banks are mainly the following aspects: (1) from the date of accession to the WTO since China officially canceled the regions and customer restrictions on foreign banks handling foreign exchange business, foreign banks can be funded offering foreign exchange business enterprises and Chinese residents; (2) phasing out the geographical restrictions on foreign banks to conduct RMB business in 5 years after accession, to cancel all geographical restrictions; (3) the phasing out of the the RMB business customers object limit, within two years after allow foreign banks to handle RMB business to Chinese enterprises; 5 years after accession, allowing foreign banks to provide services to all customers in China; (4) was added, allowing foreign banks to conduct RMB business has been open to other RMB after approval business customers to handle RMB business; (5) issuing business licenses only adhere to the principle of prudence (to cancel economic needs test and operate the number of restrictions), added five years to cancel all existing operations and the establishment of the form of ownership of foreign banks including non-prudential measures to limit the branches and permit issuance; (6) in the automotive consumer credit, allowing the establishment of foreign non-bank financial institutions to provide consumer credit business, and enjoy equal treatment of similar financial institutions funded; foreign banks in the five years after accession to the Chinese residents personal car credit business. For accession to the WTO, foreign banks in China market access system were a lot of adjustments, but there are still many gaps and a lack of places. Establish and perfect the legal system of market access for foreign banks, should take into account the favorable factors and the negative effects brought by the entry of foreign banks to China strengths. We should establish what the legal system in order to achieve both full use of foreign banks to promote the development of China's banking industry, but also to avoid it with 2:00 short purpose? Article is intended to market access for the legal system of the countries of foreign banks, WTO The market access rules and institutions based on systematic research on issues related to market access for foreign banks in the legal system, and on this basis, the legal system of market access for foreign banks in China Problems and Countermeasures systems. So far, a lot of domestic literature on the regulatory regime of the foreign banks, but solely from the point of view of the legal system of market access for foreign banks to make detailed explore rarely. WTO commitments and the development of China's banking industry, and in recent years, introduced a number of new laws and regulations, the legal system of the existing market access for foreign banks to make the commentary of the system is still relatively little research in this area needs to be deepened. This study has two meanings: First, China has become WTO members, and the context of the law of the market access of foreign banks adjusted, how to learn from international experience and WTO rules, combined with China's specific conditions, to improve the foreign banks in China market access to the legal system to make it comply with the requirements of China's financial opening. This study of the legal system of the market access of foreign banks 'ought' requirements and the actual situation has important theoretical and practical significance. Second, research the market access of foreign banks to the legal theory of the legal system, and provide relevant theoretical support for our financial legislation and judicial practice. In this paper, law and economics, empirical analysis and normative analysis combining Compare and explore innovative combination of research methods, macro research, there are microscopic comparison, the systematic study of the legal system of market access for foreign banks. The paper is divided into five chapters. Chapter \The emergence and development of foreign banks is an inherent requirement of the economic and financial globalization is an important driving force of economic and financial globalization. Foreign banks in the rapid development of the financial market as well as the international financial markets will give the host brought a huge problem. Therefore, in order to prevent financial risks, safeguard national financial order, the protection of the orderly operation of the international financial system, to develop and improve the market access of foreign banks in the legal system is necessary. In this chapter, the author also analyzes the necessity of the legal basis of the establishment of the legal system of market access for foreign banks, it is mainly reflected in three aspects of the theory of national sovereignty, security theory and equity theory. Chapter II market access for foreign banks, the legal system goals, principles and main content. \3 In this chapter, I put forward the basic theory of the market access of foreign banks to the legal system. Target system by the market access of foreign banks to the legal system to safeguard the public interest and to protect the financial security and the promotion of the Bank of fair competition. The market access of foreign banks to the principles of the legal system reflects the national foreign foreign financial institutions to enter the domestic banking market held positions reflected in the laws guiding ideology. It mainly includes the four principles of law, namely: the protectionist principle of reciprocity principle, the principle of national treatment and unilateral concessions principle. The author of four legal principles in practice. Then a simple introduction to the main content of the legal system on the market access of foreign banks. Chapter market access for foreign banks, the legal system, international comparisons. In this chapter, the author mainly on foreign banking market access system access, access conditions, the opening of the application and approval procedure rules, access to business through the acquisition of the shares of the host bank access system in five areas to elaboration. In this chapter, the author analyzed mainly from two aspects of the actual situation of the various systems of \Chapter IV \The issue of market access is the biggest concern of the WTO legal system. Therefore, the bank market access rules in the WTO rules is outside?

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CLC: > Political, legal > Legal > International law > International Economic Law > International financial and monetary law
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