On The Legal Issue Of The Financial Holding Company In China

Financial holding company which is used widely by big foreign financial clique now is regarded as a transitional form between finance separated operation and mixed operation. at the same time, financial holding company is not a few at home but no a relevant law to normalize systematically. It is inefficiency that our financial regulation which is designed for finance separateness to supervise a financial holding company, because the system can not monitor and control the tremendous systematic risk brought by the financial holding company.At the background of coming on, the author puts forward some advices about the prudential regulation mode for the supervision system of financial holding company.The thesis contains Introduction, text and references, the main contents is as follows:.According to asking questions - Analysis - problem-solving ideas, the text divided into five chapters to start on. The first two chapters put forward questions. To lock the object of this paper, the first chapter defines the financial holding companies according to the requirements in the legal documents for financial holding companies of the national, regional and international organizations. Then understand the characteristics of financial holding companies in-depth along the historical development of the financial holding company in typical countries. Finally, from the changes of the legal background of the Financial Holding Company in China, decide the development and tendency is the integrated operation whose representative will be the financial holding company, indicating the importance of this study.The second chapters first summarizes the legal systems of regulation of the financial holding company in China, and then analyze the specific risks of the financial holding company, then point out the deficiencies of the legal systems of regulation of the financial holding company in China.Chapters three and four began to analyze the problem. Chapter three analyzes and compares the four legal systems of regulation of financial holding companies abroad, including the unified regulation, the functional regulation and Umbrella Supervision and the twin peaks regulation. The chapter four briefly describes the contents on the financial holding company of the The chapter five resolves the issue about the improvement of the legal systems of regulation of financial holding company in China.First compare the applicability of the unified regulation with diverse regulation for China. Arriving at a conclusion that the diverse regulatory is more appropriate for China, then compare the entity regulation, functional regulation and the Twin Peaks regulation. Finally, at the basis of choosing the functional regulation and drawing the , propose that retain the CSRC, the CBRC and the CIRC, but re-classified the regulatory powers under the functional regulation, establish a comprehensive financial administrative authority- the Financial Supervisory Commission on the top of the CSRC, the CBRC and the CIRC.