“問題銀行”監(jiān)管法律研究.pdf

1、碩 士 學(xué) 位 論 文“問題銀行 問題銀行”監(jiān)管法律研究 監(jiān)管法律研究Legal Legal Legal Legal Research Research Research Research On On On On The The The The Supervision Supervision Supervision Supervision Of Of Of Of Problem Problem Problem Problem bank

2、bank bank bank作 者 姓 名： 王 珊 珊指 導(dǎo) 教 師： 盛 學(xué) 軍 教授西 南 政 法 大 學(xué)Southwest University of Political Science and LawAbstractThe global financial crisis in 2008 created a large number of “problem banks”,and how to deal with “problem

3、 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 “proble

4、m 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

5、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 v

6、ery 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 relation

7、ship 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 va

8、luetargets 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 la

9、w.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 Jap

10、an. 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

11、 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

12、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, coupled

13、with 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