Equilibrium Of Freedom And Regulation

The benign relationship between freedom and regulation should be harmonious swing of the pendulum, dynamic equilibrium, rational consideration and choice. In today China, how to set out the borderline of finance freedom and finance regulation by the method of distribution of rights is a crucial subject in finance law theory and practice, furthermore is a crucial subject in law and economics, which is significant embranchment of legal theory. Based on the joint of value theory of law and market failure theory of economics, combining with the China finance regulation practice and exerting the asymmetric theory and transaction cost theory, this article does research on the finance transaction regulation of finance regulation, figures the viewpoint of rights distribution as follows: The purpose of the finance regulation is to promote the finance freedom; the basic method of finance regulation is asymmetric regulation restricted by cost, namely, information disclosure system and internal transaction regulation to rectify asymmetric information; the suitable rule and the pull-back period system to rectify the asymmetric judgment ability; the option of quit the transaction to rectify the asymmetric negotiation ability.