Study on the Regulations of Commercial Banks’ Connected Loans
|Keywords||Commercial bank Associated loans Legal Regulation System design|
Associated loans of commercial banks is a typical behavior related party transactions should be subject to the regulation of the generality of the Companies Act and other laws . At the same time , regardless of its causes or its harmfulness of view associated with the commercial bank loans have a particularity that distinguish it from the general behavior of related party transactions . This requires that our legislators must give special arrangements for the system of commercial banks related loans . However, for a long time , due to inadequate understanding of the connotation associated loans of commercial banks , the less accurate grasp on the safety and efficiency of the concept of the commercial banks , and the failure of internal control mechanism of commercial banks legislation to give sufficient attention to other reasons , China 's commercial banks association the loans system design there are still many problems , urgently need to improve . On the basis of re- understanding of commercial banks related loans essentially connotation of this article attempts to learn from foreign legislative of successful experience , so as to improve the Chinese commercial banks associated loan regulations made ??legislation proposed related reasonable the proposal , but also to improve the Chinese commercial banks associated with trading legislation to provide some reference . This paper is divided into four chapters . The first chapter deals with the basic theoretical issues associated with the commercial bank loans to legal regulation , focusing on defining the concept and nature of the loans of the commercial banks association , analysis of the causes and dangers . The second chapter discusses the general path of the associated loan legal regulation of foreign commercial banks , and draw some important revelation the associated commercial bank loans to legal regulation , that our legislation provides reference . The third chapter expounds the legal regulation of the status quo of China 's commercial banks related loans , the two discussed the main problems associated with loans in the legal regulation of the commercial banks in China , from the the legislation guiding ideology and specific system design and analyze the reasons . Chapter IV on the basis of respect for the realities of China 's national conditions , full legislative experience to learn from foreign advanced third chapter discusses the main issues , the number of repositioning the legislation guiding ideology , reasonable definition of related parties , improve the related loans of commercial banks limit system , fair trade conditions , information disclosure system and the legal liability system and other legislative proposals .