Banking Regulation in China: The Role of Public and Private by W. He, He Wei Ping PDF

By W. He, He Wei Ping

Banking law in China presents an in-depth research of the country's modern banking regulatory process, targeting law in perform. through drawing on private and non-private curiosity theories with regards to financial institution law, He argues that managed improvement of the banking region reworked China's banks into extra market-oriented associations and elevated public area development. This paintings proves that financial institution rules is the first capacity by which the chinese language executive achieves its political and monetary goals instead of utilizing it as a car for conserving effective monetary markets.

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This is consistent with the public interest through the fundamental function of banks to allocate credit supply in a sound manner to creditworthy borrowers. 19 On the other hand, in contrast to ensuring fair and open competition, it is common for regulation to impose barriers to the entry of foreign banks and their ongoing operation. 20 Through geographic and customer restrictions, foreign banks are allowed to operate in a constrained manner. 22 More importantly, there has been a growing understanding among policy makers and regulators that a policy of easing barriers on foreign bank entry may be beneficial to host countries.

Lender of last resort support could emerge before the complete breakdown of a bank. 93 Over the years, the IMF has acted as the lender of last resort for emerging economies. 98 As prudential regulation emphasizes the behavior of individual banks, measures that enhance the stability of an individual bank could be counterproductive to the stability of the financial system as a whole. 104 Deposit insurance represents a financial safety net commonly used by governments to maintain depositors’ confidence in the event of financial instability and thus to avoid bank runs.

62 Through regulatory acts, government or a regulator might want to achieve a self-benefiting side effect, and may not be concerned with the direct consequence for banks. 63 The second guise of the private interest theory of banking regulation holds the view that banking regulation is pursued for the benefit of the regulated, that is, the banks themselves. Banks, as commercial entities, ultimately seek to enhance profitability and increase their returns. Therefore, banking regulation that fails to take account of the incentives and private interests of banks is potentially counterproductive.

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