Research On Legal System Of Civil Finance In China

Since the reform and open policy, China's civil financial has been quite active in promoting economic development process play a positive role. At the same time, because of lack of civil financial subject behavior the legal standard of reasonable, it long free in the financial regulatory system besides, caused a few regional economic risk, to social order and financial safety brought a certain impact. Therefore, to our country civil financial legal system research, is a have important practical meaning and theoretical value subject.Full text to our country civil financial problems, separately from the general situation of the civil financial, legal requirements, and the legal system introduced present situation and reflection, legal principle, the admission form and action criterion, legal supervision system construction, the necessary system innovation of six parts, further research and study.This paper argues that China's civil finance has a objective necessity, not is subjective product development, the economic development, especially the development of the non-state economy has an important role. But, as our country civil financial markets also have their own system of the vulnerability of the market failure and problems, pure depending on their own have information "soft constraint" advantages and market self adjusting function can't implement the standard of civil financial development, the need for an external legal system power adjustment. However, because the government to the pursuit of private interests, economy and the regulation as well as the natural right to disregard the idea the deviation, resulting in most of the existing laws and regulations are for the simple civil private lending in the form of legal status confirmation regulation, middle and senior forms of cooperative meeting, private bank, private funding and other organization forms of trading activities but because the lack of legal status confirmation and is recognized in illegal financial activity and illegal financial institutions list. And over the years of the construction practice of the formation of the final legislation is large, complex, a legal framework, administrative norms, the spirit of the documents and policy instructions become legal system construction of private financial main course standard, involved only a few of the relevant legal provisions and the standard also too abstract and the principle. Our country civil present situation of the construction of the financial law caused by lack of civil financial subject legal rights and obligations of the imbalance and civil financial activities under different pattern, overweight responsibility rates between the law poor coordination, illegal financial activities of the legal definition of rough and the regulation as well as standard related content missing. That is lead to social the macroscopic level and micro levels influence of the negative effects, not only against our country civil of the financial market of deepening, also make our financial field contains huge risk. To make our country civil financial really break at present "underground" awkward position must be prompted civil financial activities criterion development, change to the civil financial pressure situation, to construct a set of perfect civil financial legal system. Establishing new civil financial legal principle, give the lawful civil finance subject legal status; To define the legal and illegal fund-raising civil lending legal standards, perfect social funding behavior laws and regulations, strengthen and intermediaries codes of conduct); Established in the form of access legalization mode:simple form of private financing of private financial because of its form in society generality, our country has the relative law regulation, can according to its original behavior model operation can. Just for between enterprise's lending practices, our country should change the absolute prohibitions, selective be recognized its legal status, and crack down on the illegal behavior. The intermediate form of private financial most is a non-profit mutual form, its purpose is to solve the existing local area for daily affairs occurred in the capital shortage, especially to the remote backward area effect remarkable, which should be as pre-approved itself of informal characteristics, not easy into regular financial. Advanced form of civil financial market is profitable goal very obvious, the social economy influence is bigger, also appear the scale and the number business expansion trend of, internal structure operation relatively rigid, can suggest transformed into small and medium-sized private bank, in order to promote the market resources more optimization. At the same time, the introduction of new regulatory mechanisms reconstruct our national civil financial supervision system, to different forms of civil finance using different legal the way of supervision:the simple forms of civil finance private law, the dual structure can solve, medium and senior form of private financial, the use of the special way of supervision and regulation stratification. That is not on the enabling legislation of the banking regulatory authority, also give civil finance self-discipline industry association based organization, place the CBRC, supplemented by the right regulatory oversight, and finally to the judicial organs around the added to assist systemic regulatory system. And through the modification and perfect our country's personal bankruptcy system, deposit insurance system, the credit system and the protection of the legal system of form a complete set to promote the healthy development of cuvil financial more.