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The Research Of Legal System For Mixed Financial Supervision In China

Posted on:2011-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:Z J ZhaoFull Text:PDF
GTID:2166330332984984Subject:Law
Abstract/Summary:PDF Full Text Request
Large-scale financial institutions, new financial instruments continue to grow and the fierce competition among financial institutions, technology, making the financial industry, increasing the potential risks, especially in recent years a number of bank failures and caused the financial crisis, forcing countries emphasis on financial supervision and improve financial supervision mode. Both had long upheld the separate operation of the United States, or the implementation of universal banking in European countries have introduced, modify or improve the relevant legal system to deal with the impact of the global financial crisis, thus achieving effective financial regulation and maximize savings regulatory costs. With the liberalization of financial sector development, financial mixed operation has become the trend of financial sector development, so countries around the world are scrambling to find a corresponding model of financial supervision, financial regulation has gradually moved from sub-sector regulators over the mixed supervision. At present, China's financial industry will continue with the separate supervision of the financial regulatory model, namely:the CBRC, CSRC and CIRC perform their duties, are responsible for banking, securities and insurance supervision, although the specific regulatory behavior There have been some regulatory coordination and cooperation efforts, but overall supervision in the mixed sector is still in its start-up and trial and error stage. As China's financial industry has long pursued a separate operation and separate supervision, the supervision of a very imperfect legal system, there are financial supervision laws and regulations system is not complete, the financial innovation model without legislative support, monitoring the internal structure of the legal system imbalance, regulatory institutions are not perfect, between the lack of effective supervision of the main coordination mechanism, financial institutions, information disclosure system is flawed and backward forms of regulation defects, resulting in a huge China's financial regulators, regulatory inefficiency, regulatory vacuum, it is difficult to adapt to the financial mix industry regulatory requirements, increases the operational risks of China's financial sector. With the opening up of China's financial markets, domestic financial change in mode of operation, as well as integration with the international phase, mixed business is bound to become the development trend of China's financial industry, the establishment of corresponding financial regulatory model has become a necessity. The legal property of the market economy determines the implementation of China's financial regulators are required by law, constantly improving and perfecting the operation and supervision of the financial sector level, the legal system to accord with the universal banking model and adapt to mixed supervision. Therefore, how to overcome the drawbacks of self-regulation of financial mixed operation and make it compatible with China's financial development is a serious problem. This study consists of four chapters, from the financial mixed operation mode and mixed mode regulators start a comparative analysis of the mixed operation with the separate operation of the pros and cons of China's financial sector business model for monitoring the current status and challenges, the last to say that my financial sector reform and development of channels; on how to construct the national conditions of China's financial industry business model and regulation of mold, and to avoid and resist financial risks, made a preliminary study, combined with international and domestic situation, with emphasis on and exploration of China's national conditions in China's construction and fit The financial supervision of the ways and means of the legal system and to draw on the successful experience of foreign countries to achieve financial supervision and legal system consists of multiple sub-sector regulators focus on regulatory changes to the industry mix, regulatory goals of legislation by the emphasis on security to focus on safety, effectiveness and costs of combining target changes, financial supervision and regulation of the Legislative Council by a risk-control approach to the legislative changes, the financial regulatory standards by a single uniform national legislation to establish a global regulatory standards change, improve and improve financial supervision and legal system to try for the health of China's financial sector to explore the development of effective financial supervision and the theoretical basis for the legal system.
Keywords/Search Tags:Finance, Regulation, Mixed, Legal system
PDF Full Text Request
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