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The Study On The Integrative Management And Legal System Of Financial Supervision

Posted on:2005-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:N PengFull Text:PDF
GTID:2156360152466249Subject:Law
Abstract/Summary:PDF Full Text Request
Finance is at the core of economics for modern countries. As compared with its counterparts, financial has its unique characteristics. As we can learn from historical financial crisis, it is not an over-exaggeration that a financial disturbance could endanger the safety of a country. For this reason, all countries over the world are taking measures to strengthen their supervision on their national financial situation. Financial supervision is an operation that can be characterized by its great reliance on national policy, its involvement with many other sectors of a nation, and its tremendous significance on a nation, all of which entails that caution, science, and rationality be exercised during financial supervision. Financial supervision law does not refer to a single Financial Law or Act, rather it refers to the totality of a series of laws that are intended to regulate, restrict, control, and safeguard financial market and its performance.Nowadays, integrative management of financial system (IMFS) has become the mainstream of international financial market. Besides some European continental countries , e.g. German and Swiss, which have been practicing SMFS , those top developed western countries that were once practicing separated management of financial system (SMFS) in 1930s such as Britain and US have also switched to the application of IMFS. Reforming and improving financial supervision law have been taken as priorities in law system for these countries in late 20th century.The financial supervision law of China mainly reflects the fundamentals ofseparated management of financial system and separated supervision. While this system was proven as effective in circumstances when financial transactions did not overlap, it does not suffice in responding to the impact from international systems of IMFS and the situation of ongoing merges in the sectors of bank, stock, and insurance, and could constitute a negative effect to the development of China's finance. However, it was not until the promulgation of Bank Supervision Law on December 27, 2003, as well as the revision of People's Bank Law and Commercial Bank Law that a formal exploration in the influence of IMFS on financial supervision law was initiated. It was with this background that the author was prompted to conduct this research on IMFS and legal systems of financial supervision.Because of the fact that financial supervision law is a concept in the field of law while financial supervision and IMFS are issues in the field of finance, a research on improving financial supervision law and IMFS will inevitably requires a reference of the tremendous literature and materials that are currently available in these two fields. Furthermore, a law system is a dynamic subject, which requires close attention in the progress in this field in related nations, especially the legislative trends in financial supervision and IMFS in China.In this research, the author started from the perspective of law-with the complementary methods of finance, history, objective description, summarizing and analysis-and focused on the bank law, which is of special importance in finance law. Besides comparing financial supervision legislation in several countries which practice IMFS , the research objective is oriented towards the concept of fundamental value of financial supervision in order to contribute to building an established financial supervision legislation adapted to IMFS thereby providing guidance to financial practice in China.The whole research paper consists of three parts.Chapter one is the basics of financial supervision law and theories of IMFS. The first part includes the concepts of financial supervision and financial supervision law, the target of financial supervision law, the principles that should be observed, its majorcontents. Following this is an introduction of IMFS and SMFS, a review of the three development phases that IMFS went through in international financial law, and an introduction of the origin of IMFS and the advantages/disadvantages of this system.C...
Keywords/Search Tags:financial supervision, integrative management, legal systems of financial supervision, reasearch
PDF Full Text Request
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