“问题银行”监管法律的研究.pdf

Abstract The global financial crisis in 2008 created a large number of “problem banks”, and how to deal with “problem banks” has become one of the challenges faced by many countries. Lack of professional and standardized legal system of supervision and supporting mechanism, there are many serious problems in China’s supervision on “problem banks”, such as excessive government intervention, huge financial burden, closed but not to withdraw from the banking market, etc. Because of the situation that the risk-resisting ability of our country’s banking system is not strong enough currently and we have been affected by international financial risks more and more widely, attaching importance to the supervision of “problem banks” and researching 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 theories of “problem banks” supervision laws. This section starts from the disposal of banking crisis 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 value targets of the legal system of “problem banks” supervision, from which derives the basic 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, supervision powers, regulatory measures of “problem banks” supervision and post-crisis financial supervision reform in the United States, Britain and Japan. The fore-mentioned introduction 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 dealing with the “problem banks”. This section then anal