Legal Study On The Risk Prevention System In Chinese Financial Holding Company

Efficient economic orgnization is the key of economy growth, with the rapid development of finance globalization trends and the growing of financal innovation, the finance holding company ,as a kind of new economic organization form, develops vigorously in the whole world , the generation and development of which is the result of global finance development. Although, there is no legislation of finance holding company in our country at present, in fact, there exist a lot of finance holding companies which is in multiple forms.The finance industry is high-risk industry, and the finance holding company which is large-scale and strong, sometimes adopting the group-holding organization type and structure by the form of parent company and subsidiary company, and generally speaking plays a decisive role to development of national economy, therefore, the risk of finance holding company present particularity and complexity extremely, and plays an important role to financial security and stability. Under the circumstance of lacking legislation on finance holding company, researching the establishment of finance holding company risk prevention legal system is objective demand of maintaining financial security and stability of our country, historic choice of separated operating system of financial industry transferring to mixed operating in our country, reality requirement of our country entering into WTO.The establishment of our country's financial holding company risk prevention legal system is a complex system, which should be composed by three aspects: risk exterior prevention legal system, risk internal prevention legal system, and coordination system tying in the internal and exterior risk preventing system. Expounding concretely, exterior risk preventing legal system is the financial regulation legal syatem, internal risk preventing legal system is the legal system of corporate governance and self-controlling, in addition, in order to realize the harmony operation of the internal and exterior risk preventing legal system, the coordination system of the internal and exterior risk preventing legal system—autonomy management system of financial industry association is essential and necessary.The establishment and perfection of financial holding company risk exterior preventing legal system of our country should mainly include establishing and perfecting the finance holding company pre-commitment legal system; the coordination and cooperation legal system;the enhanced obligation legal system; the information Disclosure legal system; the market access and withdraw legal system.Risk internal preventing legal system of financial holding company of our country should include the legal system of corporate governance and self-controlling, which is playing an important role to risk prevention. The establishment and perfection of corporate governance legal system, should mainly include establishing the balance mechanism among board of shareholders,board of directors,top management,board of supervisors;establishing the effective board of directors; establishing and perfecting the mechanism of encouragement,restriction and business evaluation system; perfecting revelant legal system of intermediary agent. The establishment and perfection of self-controlling legal system mainly include in strengthening the risk prevention consciousness and self-controlling culture; establishing and perfecting the system of risk identifying and evalution; perfecting the control of financial affairs and audit supervision; establishing and perfecting "fire wall" legal system against affiliated transaction.The autonomy management regulation of financial industry association to our country's financial holding company should include the establishment and perfection the cooperation and harmony system; adopting the risk warning system to finance holding company; establishing the independent legal status of financial industrial association and making clear the relation of financial industry association and the financial supervision; establishment and perfection of other relevant systems.