| Summary: | 碩士 === 國立臺灣大學 === 法律學研究所 === 103 === Bank merges have been an import issue in financial market. Nonetheless, there is less description in the Administrative Procedure Rule of R.O.C.. In our country, Bank merge is under the jurisdiction of the Financial Supervisory Commission and the Fair Trade Commission, respectively. The detailed specifications of Bank Merge Act are The Financial Institutions Merger Act, Bank Act, Fair Trade Act, and so on. This thesis first organizes the law and regulation of our country, as well as clarifies the operation of the legal system. Subsequently, it proposes solutions to defects of the law system in practice. This thesis points out that defects of the current Bank Merge Act includes unclear authority of the jurisdiction. Moreover, it’s claimed in this thesis that the intervention of political power is crucial. Through practical experience, this thesis also states that the intervention of political power originates from the unclearness of laws and the distribution of authority. For the purpose of responding to the defects of the law, this thesis bases on the introduction of the U.S. and Japan legal system. By means of taking the U.S. and Japan legal system as examples, this thesis claims it’s necessary to increase the scrutiny of key elements such as systematic risks, particularity of state-owned banks, in order to amend the deficiency of scrutinized elements of the current law. Furthermore, the thesis proposes to differentiate the main part of bank merges, with different procedure and level of scrutiny applied. For example, the Standard of Proof and additional articles, and et cetera. These will be the goals for future improvement of the current Bank Merge Act in our country. Finally, it’s expected that this thesis will serve as a modest spur to induce others to come forward with valuable contributions.
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