Research For The Legal System Of Risks Regulation About New-Type Rural Financial Institutions

From the relationship between law and economic development, it is not difficult to find that establishing and perfecting the rural financial system need corresponding systems and norms; and the effective functioning of rural financial markets must take the order as a precondition. The system, norm and order are the basic tasks and goals of the legal construction. If the legal system of rural finance is not perfect, the obstacles of rural finance development can not be eliminated. Therefore, it needs the legal authorization for the government to use the financial policy to macro control the rural economy. The power, scope, measure and efficacy of the macro-control should be defined by legislation. The code of conduct of the rural financial market needs legal recognition. And the rural financial market order needs the legal guarantee. Legalization is the only way to reform China's rural finance and construct rural financial market. It mainly includes: 1) using the legislation to guarantee the sound qualification and the code of conduct of rural finance; 2) using the power of legal system to maintain the good environment of rural finance; 3) legally regulating the administrative act of the governments at various levels.This paper focuses on the deficiency of the legal system for the risks regulation of new-type rural financial institutions as well as the strategies for problem-solving. The operational practice of the financial institutions indicates that it is necessary to establish a perfect risks prevention mechanism within and without in order to better avoid the operational risks of the institutions and guarantee the safe operation and healthy development of the institutions. Therefore, basing on the previous theoretical researches, this paper studies the legal system for regulating the risks of new-type rural financial institutions, analyzes the existing problems and reasons, and consequently puts forward the countermeasures for perfecting the legal system for supervising the new-type rural financial institutions.Chapterâ… ,Introduction. This chapter first introduces the background of the development of rural finance and new-type rural financial institutions, reveals the present situation of the legal regulation of new-type rural financial institutions, then summarizes and analyzes the related researches at home and abroad, and finally describes the research methods and research approaches.Chapterâ…¡, the legal system for risks regulation of a new-type rural financial institutions. This chapter first studies the concepts of new-type rural financial institutions, risks of new-type rural financial institutions and regulation of new-type rural financial institutions, then analyzes the necessities of the legal system for the institutions supervision, and finally uses the historical methods to make a systematic review of the legal system of the rural areas financial regulation.Chapter III, the theory and practice basis of the legal system for risks regulation. This chapter has two main themes: 1) the theoretical basis of the legal system, including the theoretical basis of economics and economic law; 2) the practical basis of the legal system.Chapterâ…£, the reference to the risk supervision of small and medium financial institutions abroad. Because there is no corresponding version for new-type financial institutions abroad, this chapter summarizes the legal supervision situation of small and medium financial institutions abroad and tries to reveal the useful experience.Chapterâ…¤,the existing problems and causes of the legal system for risks regulation. This chapter first analyzes a range of problems of the legal system:the intervention issues of supervision department, the permission and quitting of supervision and internal control issues, then analyzes the causes of these problems from macro and micro views.Chapterâ…¥,the measures to improve the legal system for risks regulation of new-type rural financial institutions. This chapter is one of the keystones, which first, on the basis of problems and causes, discusses the basic principles and goals of the regulation, and finally,puts forward some suggestions to perfect the relevant laws and to improve the legislative level.The research results shows that vigorously developing the new-type rural financial institutions can ease the situation of low coverage of the rural financial institutions, inadequate supply of financial services and insufficient competition. It can also perfect the rural financial organization system, increase the supply of rural financial services, enhance the competition vitality of the rural financial market and promote the sustainable development of rural economy. The development of new-type rural financial institutions is encountering the obstacles of the legal system for risks regulation. In order to promote the coordinated development of rural economy and rural finance, we should vigorously not only develop new-type rural financial institutions to fill the gaps of rural financial services, but also expedite the perfecting of the legal system for risks regulation to create a good institutional environment for the sustainable development of new-type rural financial institutions.