Zhongfei Zhou – författare

This book addresses the on-going process of financial restructuring and reform in post-WTO China from a legal perspective. Chapter 1 provides an overview of the impact of the WTO on China’s financial markets and financial law systems. Chapter 2 discusses reform of banking law and regulation in post-WTO China. Chapter 3 addresses the role of the central bank in China’s financial system, focusing on issues of independence and accountability of the People’s Banking of China (PBOC), China’s central bank. Chapter 4 analyses China’s compliance with WTO obligations in the area of banking. Chapter 5 discusses the role of asset management companies (AMCs) in China’s on-going banking restructuring and liberalization. Chapter 6 analyses the development of securities markets in China, the challenges being faced and the impact of the WTO. Chapter 7 describes insurance and its development in China, focusing on the role of the WTO in liberalization. A new topic in China, i.e., financial conglomerates, is discussed in chapter 8, building upon the discussions in the previous chapters. Chapter 9 in turn studies the issue of financial institution insolvency and restructuring as noted in previous chapters, key issues in China. Chapter 10 discusses the double impact of the WTO and one of China’s regional trade agreements, CEPA, on China’s banking law.

This work conducts a critical examination of Chinese foreign banking law in the context of the international convergence of supervisory standards and practices. 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 the current foreign banking laws are fundamentally out of line with international standards and practices in a number of respects and that legislators and supervisors do not at present appreciate or cultivate commonly accepted supervisory values. The author therefore proposes a set of reforms that would at the same time create a legal environment for competitive equality between foreign banks and protect the safety and soundness of 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.