Financial Restructuring and Reform in Post-WTO China

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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.

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Table of Contents

Editors and Contributors, Foreword, Preface Chapter 1 The WTO and Financial Restructuring in China I. China’s GATS/WTO Commitments in Financial Services II. China’s Financial Regulatory System III. Banking IV. SecuritiesV. Insurance VI. Conclusion Chapter 2 Banking Regulatory Law Reforms in China: A Long Way to Go Towards International Standards I. Banking Regulatory System II. Regulation of Bank Entry III. Ongoing Regulation IV. Dealing with Problem Banks V. Concluding Remarks Chapter 3 Independence and Accountability of the People’s Bank of China: A Legal Perspective I. Introduction II. Independence of the PBOC III. Accountability of the PBOC IV. Concluding Remarks Chapter 4 Implementation of China’s WTO Commitments: The Compliance Issue in Banking I. Introduction II. Implementation of the WTO Agreements in China III. China’s Banking Law Framework IV. Compliance with WTO Obligations in Banking V. WTO Transitional Review of China’s Banking Law VI. Conclusion Chapter 5 Financial Restructuring and China’s Asset Management Companies I. Introduction II. Background: AMCS in China III. The Legal Framework of China’s AMCs IV. Corporate Governance of AMCS V. State Policy Towards Disposing NPLS VI. Property Rights of Transferred AMC Assets VII. Foreign Participation VIII. Restructuring State-Owned Enterprises IX. Conclusion Chapter 6 Liberalization and Reform of China’s Securities Markets after WTO Accession I. Introduction II. China’s Securities Sector Commitments III. Implementation of its Securities Sector Commitments IV. Implementation Challenges V. Effect of Voluntary Liberalizations VI. Sequencing of Liberalization and Reform VII. Role of Institutional Investors VIII. Economic Impacts of Liberalization IX. Conclusion Chapter 7 Insurance in China: Liberalization and Restructuring Post-WTO I. Introduction II. Basic Framework of China’s Insurance Legislation III. China’s WTO Obligations and Insurance IV. China’s Insurance Legal Regime in the Context of Its WTO Obligations V. Conclusion Chapter 8 Financial Conglomerates in the People’s Republic of China I. Introduction II. Chinese Law and Practice III. International Practice IV. Chinese Conglomerate Policy Revision and Reform V. Conclusion Chapter 9 Financial Institution Insolvency in the PRC I. Introduction II. Financial Institution Insolvency III. Overview of Chinese Bankruptcy Law IV. Financial Institution Insolvency Law Reform in China V. Concluding Observations and Recommendations Chapter 10 China’s Banking Law and Free Trade Agreements: The Case of CEPA I. Introduction II. Relations between the CEPA and the WTO III. China’s Specific Commitments in Banking Services under the CEPA IV. Implementation of the CEPA in China V. How to Adjust China’s Banking Law under the CEPA and WTO VI. Conclusion

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