我国外资银行人民币业务监管法律制度探讨

Research of the Legal Issues on Regulation of RMB Business in Foreign-owned Banks

外资银行在华业务规模的不断扩大,给我国银行监管法律制度带来了很大的冲击,创新与完善外资银行人民币业务监管法律制度在当前的形势下显得尤为必要。本文重点研究了外资银行人民币业务的开展状况,分析了我国在外资银行人民币业务监管中存在的法律问题,提出了加强外资银行人民币业务监管立法,以法律形式明确监管者权责,建立国际监管协作法律机制等相关建议。

The expansion supervision, The foreign banks of RMB business in foreign banks affected the law system of bank will continue to enlarge RMB business by the way of buying shares in Chinese Banks and exploiting RMB financing products, and will compete with Chinese banks through some superiorities such as global business net, advanced management mode, risk-controlling ability, and ripe financing products. The RMB business supervision has some faultiness, such as imperfection of business supervision law, uncertainty of rights and responsibilities of business supervision, therefore legal rules of international supervision cooperation should be improved, the business supervision legislation of the foreign investment banks should be enhanced, renew supervision legislation concept from sticking up for state interests, definite supervision rights in law form, and RMB business international supervision cooperation will be enhanced.