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Research On Some Problems In The Transformations Of Modern Chinese Currency Legal System

Posted on:2014-05-16Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z XieFull Text:PDF
GTID:1266330401477911Subject:Legal history
Abstract/Summary:PDF Full Text Request
The course of modern Chinese currency legal system changes is an importantpart in modern China’s financial legal system development and changes from a smallperspective, while from large terms, it reflects the distinctive characteristics oftransformation and changes in modern Chinese society. To some extent, the researchon modern Chinese currency legal system constitutes an indispensable link ofunderstanding the changes of modern China’s financial and social legal system. Moreimportantly, there have been always surprising similarities in history. Variousproblems of currency and currency legal system development faced by China todaycan find similarities in the history of modern Chinese currency and legal system aslessons. Learning from history, the study of a number of issues in modern Chinesecurrency legal system course is to help us to conquer the confusion on these issuestoday, thereby further developing and improving the legal system of RMB.The course of modern Chinese currency legal system changes is a grandnarration. View from the logical category covered by the changes, it includesmonetary rights legislation changes, customization and development of currencyissuance and circulation procedure, currency issuing organization, currencycirculation administrative legal system, decision-making mechanism of currencyissuance and circulation, and legal disciplinary system of currency violations, etc.From the perspective of historical dimension of this change, in the century from lateQing Dynasty to the Republic of China, there was an endless stream of historicalevents accompanied by frequency legal system changes. It is almost impossible for a thesis to cover all the aspects of the course of modern Chinese currency legal systemchanges. However, the course has its own main line characteristics, that is, the graduallearning from and transition to modern Western international currency system underthe influence of Western international legal system. This transition process can beconcentrated on three basic issues: currency sovereignty, currency standard system,and gold and silver currency import and export management system. The issue ofcurrency sovereignty is the source of modern currency legal system, currencystandard system is the basic system of modern currency legal system and gold andsilver currency import and export management system is a characteristic system in thechanges of modern Chinese currency legal system. The understanding of the threeissues is essential to the grasp of modern Chinese currency legal system changes.Meanwhile, it is necessary to study the three issues to provide historical reference toRMB system changes facing the vicissitude of international finance. Therefore, thethesis focuses on sorting out the history of modern Chinese currency system changesunder the influence of Western international currency system. It aims to have arestricted view of the history through currency sovereignty, currency standard system,and gold and silver currency import and export management system to reflect thetheme of modern Chinese currency legal system and enlighten the contemporary era.Since the paper is based on the historical changes of modern Chinese currencylegal system under the influence of Western international currency system, itsintroduction of modern Western currency system and international currency systemevolution constitute the important antecedent of the analysis of modern Chinesecurrency legal system. In the study of the three basic questions, the thesis firstlyintroduces the general concepts and principles of modern Western internationalcurrency system, and then evolves to the combing of Chinese currency systemevolution. Meanwhile, proceeding from the different significances of the three issueson modern Chinese currency legal system changes, the thesis firstly focuses on theissue of sovereignty, the origin of the legal system, second, it analyzes the standardsystem as the legal system cornerstone, and then converts to the gold and silvercurrency import and export management system with strong historical features, frominside to outside, from basic sovereign source analysis to specific system combing. Itaims to seek the extension of the main issues of modern Chinese currency legalsystem changes by such a discourse technique. At the same time, the thesis alsoponders on the issues associated with the major issues, such as the theoretical debate in the changes of legal system, the interaction between policy and system, and makessome analysis and evaluation on the implementation and overall characteristics ofmodern Chinese currency legal system. The analysis and evaluation enriches theunderstanding of modern Chinese currency legal system changes, further improves thethesis topic. Thus the paper takes the overall argument approach of “total-sub-total”.The first chapter highlights some basic concepts and rules from currency tointernational currency system and reveals the general development characteristics ofsystem changes. This chapter makes the currency definition of national legal currency,and thus extends to the introduction of Currency Act and modern currency law, andthen analyzes the modernization and internationalization features of the course ofmodern Chinese currency changes. On the other hand, the analysis of moderninternational relations and international currency system constitutes the importancebackground of Chinese currency legal system changes. And thus demonstrate thereasons for selecting the three issues of currency sovereign, standard system, preciousmetal and currency transnational flow control as the research topics of this thesis.Chapter two expounds the changes of modern Chinese currency legal system andcurrency sovereignty. The traditional currency system in Qing Dynasty was in chaosand lack of sovereignty awareness. There was no unified central authority of domesticmonetary management rights, so the Qing government had no idea of how to maintainits currency sovereignty in face of foreign political, financial and economic invasion.Suffering from internal and external hardships, China gradually became aware of theimportance of sovereignty and currency sovereignty. After struggle, exploration andlearning, the first was trying to repair the traditional currency system to achieve theunified power of internal currency system. Second, after suffering from setbacks, thegovernment continuously learned from modern Western currency system, and therulers were also increasingly aware of the view of international currency system tobuild currency system. At the same time, the obtaining of the internal and externalcurrency sovereign was the premise of successful currency reform. The generation ofcurrency has its historical contingency, but was the inevitable product of Chinesecurrency system reform and relentless pursuit of currency sovereignty. Only byunderstanding of the historical issue of China’s currency sovereignty pursuit can weknow the changes of modern Chinese currency laws, and thus evaluating the period ofhistory more objectively and comprehensively.The third chapter currency standard system is an important part of modern Chinese currency system and the international currency system at that time. In theprocess from metal currency to paper currency, monetary stand supported the credit ofcurrency and also connected the regulation and control methods of stable currencysystem of different countries. From late Qing Dynasty to the reform of RepublicChina currency reform, the gold standard monetary system was the dream of China.At that time, China was looking forward to the achievement of internal and externalcurrency stability and realized free exchange with currencies around the world. Afterexperiencing the hardships of silver standard system, Nanjing National Governmentimplemented the currency system reform which was even avant-garde at that time in apioneering spirit. It implemented domestic currency issuance reserve system, whereasfocused on the foreign exchange rates of major currencies and took free exchange ratemarket operations. But the subsequent malicious inflation and the system backwardsof called gold standard and silver standard gold yuannotes&silver yuannotes, give usprofound lessens.Chapter four expounds the management system of Chinese gold, silver andcurrency import and export. It originated from the traditional silver-copper controlsystem in Qing Dynasty, underwent the development of Beijing government andNanjing government. The development and evolution of this system also highlightedthe characteristics of following the changes of international currency system, andbeing influenced by foreign exchange control ideas and experience. The system ofmodern China also significantly subjected to the impact of China’s politicaltransformation. In particular, the gold, silver and foreign exchange import and exportsystem of the government was closely related to the changes of political situation, andeven became the tool of the government’s reckless practice, which was finallyabandoned by the people. The historical changes of modern Chinese gold, silver andforeign exchange management system is bound to provide a lesson to today’s foreignexchange management.Chapter five is some thinking related to main issues. The debate of the standardsystem reflects the thinking of the foreign legal system transplantation in the historychanges of modern Chinese currency legal system and national condition adaption, aswell as the interaction between system and policy. It reveals the important impact ofgovernment rationality and wanton practice on the changes of modern Chinesecurrency legal system. It is also the summary. It makes analysis and judgment onsome overall and regularity issues, including the analysis and evaluation of the implementation of modern Chinese currency legal system, and the analysis andjudgment of the general characteristics of this legal system. The thesis makescomparison of the modern Chinese currency legal system with the traditional currencysystem, proposing three distinctive historical features, namely, taking modernizationas the path, internationalization as the vision, and the achievement of independentsystem.The conclusion of this thesis mentions the era significance of modern Chinesecurrency legal system changes and the contemporary revelation, and constitutes thefinal valuation. In particular, it holds that learning from history, adhering toindependent currency sovereignty, stable currency decision system and theimplementation of flexible currency international exchange system is an integral partof today’s construction of RMB internationalization system.If the thesis is entitled by “Research on Modern Chinese Currency LegalSystem”, it may not have enough extension, and the three major issued involvedwould be inevitably impressed with hasty generalization. Limited by “issues research”,the thesis selects three basic issues for expounding to achieve much in little bypowerful argument. The thesis can be regarded as a beginning of the research onmodern Chinese currency legal system. On this basis, it can carry out extensive andin-depth analysis and research on other specific systems and problems such ascurrency organizational legal system, currency administrative legal system andmonetary policy-making system, etc, which will be the direction of future efforts andlong-term objective.
Keywords/Search Tags:Currency Law, Modernization, Internationalization, Sovereignty, Standard, International Exchange Management
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