| Summary: | 碩士 === 國立東華大學 === 財經法律研究所 === 97 === The corporate governance law for banking would have many legal problems, for example: The independent director and supervisor's establishment、The particularity of bank's risk、the capital adequacy problems、the systematic risk of the bank、the protection for the bank depositor's rights and interests、the information disclosure and transparence、the deposit insurance system、the taxpayer's exposure problems, as well as credit risks' management and so on related questions, the present paper has the thorough discussion and the research.
First, the present paper discussed the corporate governance for banking and the bank supervision legal system, separately discuss and discover. The part of our country contains the internal control and audit system inside the mechanism of the corporate governance for banking, and the external controls mechanism : The supervision system and the market inspection strength, as well as the information disclosure transparently; On the other hand, in the international standard aspect, In 2004 (The New Basel Capital Accord, is called Basel II) and the Basel Banking Supervision Committee which published the principle “Enhancing Corporate Governance For Banking Organizations, 2006” in 2006 February, Above all, I have a introduction primarily; Moreover, in the foreign legal system part, I take the corporate governance and supervision for banking in England as the model. For example, the introductions and analysis for FSMA (Financial Services and Markets Act)and the Combined Code and so on .
Then, I analyzed the two actual cases, The China Trust Commercial bank and the China Commercial bank shortcoming document, and overseeing legal system standard on the British bank fore-mentioned situation, taking it as our country's good example to think and to inspire；So I compared and proposed this present paper's conclusion and the suggestion, and I hope it should enable our country to imitate the Britain to innovate the leading bank corporate governance and the supervisory legal system, and connect with the present international standard trail, completes the internationalization goal of our country’s sound and solid corporate governance and the supervisory legal system for banking.
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