WTO与中国银行业国际化发展的研究
发布时间：2019-03-31 13:26
【摘要】：2001年12月11日,中国正式加入世界贸易组织,成为第143个成员国。入世后的十多年里,中国经济不仅步入高速发展的快车道,同时加强了与世界经济和贸易体系的衔接,各领域的国际化进程都得到不同程度的发展。2013年,中国经济增长总量以8.3万亿美元位居世界排名第二位。目前,中国已经成为了全球第二大经济体、世界第一大出口国和第二大进口国,尤其是2013年中国贸易总额首次突破四万亿美元,超越美国成为全球最大贸易国引发强烈关注。 然而,加入世贸组织为中国带来的不只是发展机遇,同时也使各行业面临挑战。就银行金融业来说,2006年按照入世承诺约定,我国取消对外资银行的地域限制,银行业全面对外开放,中资银行面临严峻挑战。身处世界经济一体化的大潮之中,2008年世界金融危机对中国经济影响颇大。因此,面对国内外机遇与挑战并存的局势,中国银行业的国际化道路要取得更好发展,必须深入研究国内现状及国际趋势,以便为进一步的发展提供构思和建议。 对于我国商业银行国际化发展,国内许多学者已经从宏观或者微观角度都进行了有益的探究,取得了一定成果。但总的说来,这些研究主要是从经济学的角度进行的,而从法学的角度对我国商业银行国际化发展的探讨略显不足。因此,本文通过研究WTO规则,结合我国银行业现状,尤其是中国商业银行相关法律现状,并在总结国内外先进经验的基础上,提出关于我国商业银行在WTO框架下如何走出一条国际化发展道路的设计构想。 本文共包含四个章节,通过综合比较的方法,初步研究和探讨了中国银行业国际化发展战略。第一章简要探讨了中国商业银行法律体系,主要介绍了商业银行法律规范,从特点和不足之处对我国商业银行法律问题进行简要分析。第二章是关于WTO金融服务贸易法律制度的研究,本章详细阐述了世贸组织的介绍、WTO金融服务贸易规则及其法律制度理论分析、我国入世关于银行业的服务承诺。第三章探讨了WTO对我国商业银行国际化带来的影响,具体包括国内银行业发展现状、加入WTO带来的机遇与挑战。第四章初步探讨了我国银行业国际化发展战略,主要从银行法律的完善、银行自身竞争力的提升、健全金融监管机制及WTO规则与争端解决机制的操作四个方面提出相关建议。笔者的水平有限,研究尚浅,但希望能为我国银行业的国际化发展贡献自己的微薄之力。
[Abstract]:December 11, 2001, China formally joined the World Trade Organization, becoming the 143rd member. In the more than ten years since China's entry into WTO, China's economy has not only entered the fast track of high-speed development, but also strengthened its connection with the world economy and trade system. The internationalization process in various fields has been developed to varying degrees in 2013. China's total economic growth was ranked second in the world with $8.3 trillion. At present, China has become the world's second-largest economy, the world's largest exporter and second-largest importer, especially in 2013, China's total trade volume exceeded $4 trillion for the first time, surpassing the United States as the world's largest trading country has attracted strong attention. However, China's accession to the WTO is not only an opportunity for development, but also a challenge for various industries. As far as banking industry is concerned, according to the promise of China's entry into WTO in 2006, China has lifted the regional restrictions on foreign banks and opened the banking industry to the outside world in an all-round way. Chinese banks are facing severe challenges. In the tide of world economic integration, the 2008 world financial crisis has a great impact on China's economy. Therefore, in the face of the coexistence of opportunities and challenges at home and abroad, in order to achieve better development in the internationalization of China's banking industry, it is necessary to deeply study the domestic present situation and international trends, in order to provide ideas and suggestions for the further development of China's banking industry. For the internationalization development of Chinese commercial banks, many domestic scholars have made a useful inquiry from the macro-or micro-angle, and have achieved some achievements. However, in general, these studies are mainly carried out from the perspective of economics, but from the perspective of law, the discussion on the internationalization of commercial banks in China is slightly inadequate. Therefore, through the study of WTO rules, combined with the current situation of China's banking industry, especially the relevant legal status of China's commercial banks, and on the basis of summarizing the advanced experience at home and abroad, This paper puts forward the design conception of how to get out of an internationalized development road for Chinese commercial banks under the framework of WTO. This paper consists of four chapters. Through the method of comprehensive comparison, this paper studies and discusses the internationalization development strategy of China's banking industry. The first chapter briefly discusses the legal system of Chinese commercial banks, mainly introduces the legal norms of commercial banks, and analyzes the legal problems of Chinese commercial banks from the characteristics and shortcomings. The second chapter is about the study of the legal system of WTO financial service trade. This chapter elaborates the introduction of WTO, the rules of WTO financial service trade and the theoretical analysis of its legal system, and the service promise of China's WTO. The third chapter discusses the impact of WTO on the internationalization of China's commercial banks, including the current situation of domestic banking development, the opportunities and challenges brought by China's entry into WTO. The fourth chapter discusses the internationalization development strategy of China's banking industry, mainly from four aspects: the perfection of the banking law, the improvement of the competitiveness of the bank itself, the improvement of the financial supervision mechanism and the operation of the WTO rules and the dispute settlement mechanism. The author's level is limited and the research is still shallow, but he hopes to contribute his own meagre strength to the internationalization development of China's banking industry.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.281;D996.2
本文编号：2450940
[Abstract]:December 11, 2001, China formally joined the World Trade Organization, becoming the 143rd member. In the more than ten years since China's entry into WTO, China's economy has not only entered the fast track of high-speed development, but also strengthened its connection with the world economy and trade system. The internationalization process in various fields has been developed to varying degrees in 2013. China's total economic growth was ranked second in the world with $8.3 trillion. At present, China has become the world's second-largest economy, the world's largest exporter and second-largest importer, especially in 2013, China's total trade volume exceeded $4 trillion for the first time, surpassing the United States as the world's largest trading country has attracted strong attention. However, China's accession to the WTO is not only an opportunity for development, but also a challenge for various industries. As far as banking industry is concerned, according to the promise of China's entry into WTO in 2006, China has lifted the regional restrictions on foreign banks and opened the banking industry to the outside world in an all-round way. Chinese banks are facing severe challenges. In the tide of world economic integration, the 2008 world financial crisis has a great impact on China's economy. Therefore, in the face of the coexistence of opportunities and challenges at home and abroad, in order to achieve better development in the internationalization of China's banking industry, it is necessary to deeply study the domestic present situation and international trends, in order to provide ideas and suggestions for the further development of China's banking industry. For the internationalization development of Chinese commercial banks, many domestic scholars have made a useful inquiry from the macro-or micro-angle, and have achieved some achievements. However, in general, these studies are mainly carried out from the perspective of economics, but from the perspective of law, the discussion on the internationalization of commercial banks in China is slightly inadequate. Therefore, through the study of WTO rules, combined with the current situation of China's banking industry, especially the relevant legal status of China's commercial banks, and on the basis of summarizing the advanced experience at home and abroad, This paper puts forward the design conception of how to get out of an internationalized development road for Chinese commercial banks under the framework of WTO. This paper consists of four chapters. Through the method of comprehensive comparison, this paper studies and discusses the internationalization development strategy of China's banking industry. The first chapter briefly discusses the legal system of Chinese commercial banks, mainly introduces the legal norms of commercial banks, and analyzes the legal problems of Chinese commercial banks from the characteristics and shortcomings. The second chapter is about the study of the legal system of WTO financial service trade. This chapter elaborates the introduction of WTO, the rules of WTO financial service trade and the theoretical analysis of its legal system, and the service promise of China's WTO. The third chapter discusses the impact of WTO on the internationalization of China's commercial banks, including the current situation of domestic banking development, the opportunities and challenges brought by China's entry into WTO. The fourth chapter discusses the internationalization development strategy of China's banking industry, mainly from four aspects: the perfection of the banking law, the improvement of the competitiveness of the bank itself, the improvement of the financial supervision mechanism and the operation of the WTO rules and the dispute settlement mechanism. The author's level is limited and the research is still shallow, but he hopes to contribute his own meagre strength to the internationalization development of China's banking industry.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.281;D996.2
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