Research On The Legal Regulations Of Financial Emergency Management

The finance industry was created a highly risky one. The market self-adjustment and the self-rescue of financial institutions alone are not sufficient when facing financial accidents caused by financial fragilities. However, the emergent administrative power exerted by the government agencies and its resulting financial emergency management are effective means to effectively prevent the shocks and harms on the society, the economy and basic human rights. Similar to market failures, the failure also exits in government financial emergency management. In the area of financial emergency management, the government possesses the greatly concentrated power which easily breaches the constitutional boundary and legal administration framework and thus harming the basic rights of citizens. To guarantee the justified exertion of administrative emergency power, modern legal countries, through the legal regulation of financial emergency management, prevents its over-use and harm on basic citizen rights while dealing effectively with accidents and restoring legal financial orders promptly, which is the core value of legal administration. The legal regulation of financial emergency management lies in the reasonable balance between the boundary of financial emergency management power and that of basic citizen rights protection. Against such a theoretical background, the dissertation, on the basis of the classification of basic theories of financial emergency management, from the perspective of legal administration, emergency management and public administration, applies the empirical and comparative research into system, procedure control and legal supervision system of legal regulation on financial emergency management, and attempts to construct the China-specific institutional framework of legal regulation on financial emergency management through its survey on the status quo of foreign legal regulation on financial emergency management and the drawbacks of our country's legal regulation。The dissertation consists of introduction, body text and conclusions. The body text is divided into eight chapters. Chapter I The concept Interpretation of legal regulation on financial emergency management. The paper argues that the financial emergency management is the general term of a series of measures, for the protection of public property rights, to stabilize the financial order and take financial emergencies, in advance to prevent things in response to the disposal and the aftermath of recovery. The legal regulation on financial emergency management refers to the specification, control and supervision of financial emergency management activities, under the framework of the rule of law. As the characteristics of legal regulation, and the advantage of power relative to other control methods, the legal regulation can effectively restrict the financial emergency management out of control.Chapter II The theoretical basis of the legal regulation on financial emergency management. Risk society theory, the theory of financial crisis, the blind obedience of psychological theory, the theory of separation of powers and public failure theory are the solid theoretical foundation of the financial emergency management. Establishment of a financial emergency management legal system is the needs of risk society and the logic result of the financial crisis, which can guide the public to follow blindly psychological separation, balance financial emergency management prevent and redress the public failure.Chapter III The historic evolution of the legal regulation on financial emergency management. The development processes of emergency management regulations in the world can be roughly divided into the start-up stage, the improving stage and the transformation stage. The historic evolution contains the objective laws and basic concepts of the legal regulation system evolution on financial emergency management.Chapter IV The basic principles of legal regulation on financial emergency management。The basic principles of being legal, human rights guarantee, fair ratio, efficiency and transparency are the basic nature and value of legal regulation on financial emergency management, which are the ever-lasting, ever-effective bases of the make-up and application of legal regulation on financial emergency management.Chapter V The system on the legal regulation on financial emergency management。The legal regulation system on financial emergency management includes the double key elements of emergency management bodies and emergency management power boundary and measures, where the former can be classified into the institutional, functional, comprehensive and the two-peak modes and the latter demands the adjustment mechanism among bodies which can be classified into emergent macro financial control polices, emergent administrative obligation, administrative rescue, administrative guidance and inspection according to their legal endowments. Thus, the clear emergent measures help define the boundary of emergent powers and protect the basic citizen rights.Chapter VI The legal regulation procedure on financial emergency management. As the optimal regulatory tool on emergency management, legal regulation procedure on financial emergency management includes the start procedure, the operation procedure and termination procedure, while the start procedure includes the legal body itself and such procedure elements as application for permission, confirmation, declaration and the start of emergency schemes, operation procedure includes both financial emergency decision-making procedure system and such usual emergent-measures-abiding procedures as identity declaration, implementation time limit, reasons justification and information publicizing, and the termination procedure symbolizes the legal standards transfer from emergency management to regular management and is a necessary procedure element relevant to the basic citizen rights guarantee and the prevention of the abuse of emergency power. The procedure control over financial emergency management helps realize the self-adjustment of financial emergency power though legal procedure supervision.Chapter VII The legal supervision over financial emergency management. Legal supervision is the core element of legal regulation on financial emergency management, including the tri-super system over legislation body, administrative body and executive body. First, the legislation body executes its supervision on financial emergency management through administrative emergency legislation system of inspection, investigation, consultation, accusation and distrust veto. Secondly, administrative supervision is an auto error-correction system of administrative agencies which prevents voluntarily the abuse of emergency powers of financial emergency management bodies and elevates effectively transparency and the accusation system. Finally, as far as the specific administrative acts of financial emergency management are concerned, countries have commonly established their judicial supervision system and take the compensation system as its accessible path. In order to maintain the justified execution of emergency power, countries should also establish the limited exemption system under judicial supervision.Chapter VIII The perfection of the legal regulation on financial emergency management of China. First, it outlines the legislation system of our country's emergency management, its main contents and analyzes its existing drawbacks. Secondly, it forwards the proposal for the perfection of the legal regulation of financial emergency management of our country. Finally, it analyzes the legislation mode choice and abiding principles of our country's financial emergency legal system, forwards the perfection proposals for our country's financial emergency management system, drafts the Rules for the Response to Financial Emergent Accidents based on its survey over foreign legal regulation on financial emergency management and the status of our country's relevant issues, and attempts to construct the basic legal framework and main contents for our country's financial emergency management.