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Study On Financial Regulators' Administrative Enforcement Power

Posted on:2012-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:Q H ZhangFull Text:PDF
GTID:2166330335990471Subject:Law
Abstract/Summary:PDF Full Text Request
Administrative enforcement is the guarantee of realizing administrative purpose and is the important content of executive power. As administrative compulsive power, financial regulators administrative compulsive power is suited in financial supervision areas, its purpose is ensuring the safe operation of the state financial market and safeguarding the lawful rights and interests of the financial participants. In China, the administrative compulsive power of financial regulators are mainly embody in the PRC banking regulation law, the PRC securities law, the central people's bank of China and other laws, they have given the financial regulators administrative compulsive power, provided they the kinds and procedures of compulsory administrative. But the theory study on the financial regulators'administrative compulsive power is still lack width and depth in current. In practice, financial regulators administrative compulsive power can't play their effect, The situation of using administrative compulsive power to infringe the rights of financial participants are often happen from time to tome. Therefore, how to perfect the system of our country's financial regulators compulsory administrative, to realize the administration according to law, will become the key work should be discussed and solved in financial supervision work.Through combining the general theory of the administrative compulsive power of our country, we know the basic theory of administrative compulsive power in financial supervision, and know the concept and the legal basis of financial regulators'administrative compulsive power we also analyzed features, scope and species of the financial regulators compulsory administrative. Secondly, we researched the counterparts in the legal setting, running authority and power control aspects of the administrative compulsive power of USA, British and German, and obtained a enlightenment which is "the financial regulator should suit with the national administrative compulsive power ". Finally, the article given some toward analysis about financial regulators' administrative compulsive power in "localization, standardization and internationalization", and puts countermeasures about how to perfect the financial regulators administrative compulsive power. The basically contain:establish the principle of the financial regulators'administrative compulsive power should be according; Perfect the legislation of financial regulators'administrative compulsive power; and strengthen the supervision and control of the financial regulators'administrative compulsive power.
Keywords/Search Tags:Administrative enforcement power, Financial regulators, Legal supervision
PDF Full Text Request
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