Banking Regulation in China provides an in-depth analysis of the country's contemporary banking regulatory system, focusing on regulation in practice. By drawing on public and private interest theories relating to bank regulation, He argues that controlled development of the banking sector transformed China's banks into more market-oriented institutions and increased public sector growth. This work proves that bank regulation is the primary means through which the Chinese government achieves its political and economic objectives rather than using it as a vehicle for maintaining efficient financial markets.

In this authoritative book, a leading Chinese expert on financial and economic law thoroughly explains the functions, activities and procedures that characterize the behaviour of financial institutions under current Chinese law. The book features: control of monetary policy formulation and implementation by the People's Bank of China (PBOC) modern central banking functions of the PBOC independence and accountability of the PBOC requirements and procedures for banking entry specific risk-based regulatory and supervisory requirements of the China Banking Regulatory Commission (CBRC) problem bank resolutions of the CBRC foreign banking law developments before and post WTO transitional period impact of new foreign banking regulations and rules on foreign bank activities in China

The way in which foreign bankers and Chinese institutions do business in China was reshaped in 1995. Legislation was enacted which transformed the People's Bank of China into a genuine central bank; the Commercial Banking Law brought in many reforms; and the Security Law was passed. This work reviews the current banking law in China, assesses the recent changes and guides the reader through the sometimes confusing path that Chinese banking has taken.

This book assesses new developments in and reform of China's banking law system following its accession of the WTO. It focuses on the relationship between GATS/WTO national treatment obligations and China's banking law. Tracing the history of national treatment in China, the book compares the treatment of foreign-funded banks with the treatment of Chinese-funded banks and examines the structure and shortcomings of the existing banking law framework in China. Offering suggestions as to how the framework could be restructured and analysing the economic and political bases of an integrated banking law framework, the book argues that reorganization would bring about greater consistency with GATS/WTO national treatment requirements. The book also explores the ambiguous definition of prudential carve-out, the subtle relationship between GATS national treatment and market access based on WTO cases, national treatment clauses in China’s bilateral investment treaties, and special treatment on banking in China’s free trade agreements. This volume is a valuable resource for academics and students as well as professionals and policy-makers working in the field of banking, WTO, Chinese law and foreign trade.

Banking Regulation in China provides an in-depth analysis of the country's contemporary banking regulatory system, focusing on regulation in practice. By drawing on public and private interest theories relating to bank regulation, He argues that controlled development of the banking sector transformed China's banks into more market-oriented institutions and increased public sector growth. This work proves that bank regulation is the primary means through which the Chinese government achieves its political and economic objectives rather than using it as a vehicle for maintaining efficient financial markets.

Provides a systematic and contextualized account of China's Fintech regulation.

If China is to develop a modern and viable banking sector, it needs to put in place a suitable legal infrastructure which is consistent with emerging international supervisory standards, WTO requirements and aspirations for financial sector liberalisation. The author argues that current foreign banking laws are fundamentally out of line with international standards and practices and that legislators and supervisors do not appreciate or cultivate commonly accepted supervisory values. This book proposes a set of reforms that would at the same time create a legal environment for competitive equality between foreign banks and protect the Chinese banking system. The issues considered include the licensing process for the entry of foreign banks into the Chinese market, the ongoing regulation of foreign banks and foreign bank crisis management or bank failure resolution. The author offers a proposed framework of Chinese foreign banking law which should be of great benefit to existing and prospective foreign banks in China.