The Research On The Legal Supervision And Management Of Bank's Participation In Negotiable Securities Services

The management of mixed industry is an inevitable trend of the financial industry development, and the bank participation negotiable securities service is an inevitably choice in mixed industry management conditions. The bank participation negotiable securities service has met the need of the mixed industry management development, promoted the financial industry development, but it had also brought many adverse effects. Therefore, it is urgent to implement supervision and management. But in our country, financial industry supervision and management has still stayed at the former stage ,at which the industry was divided to supervise and manage , already could not adapt the present stage finance profession development needs: The backward supervising and managing ideas , the lack of the science reasonable coordinated mechanism between finance supervising and managing organization and the supervising and managing organization, and the ineffective rules and regulations to the questions owing to the bank participation negotiable securities service , are hindering the financial industry development seriously.The financial supervising and managing system should adapt itself to the present development of the finance. At the same time, it should work out supervising and managing strategies and adjust supervising and managing measures by using and combining the advanced supervising and managing experience of other countries with the real situations of our country. The financial industry is staying at the early stage, so the supervising and managing system shouldn't be changed a lot, but should be reformed properly according to the situations that the bank participated in negotiable securities service .In China, the legal supervision and management on the bank participation negotiable securities service is operated by government and market. The mixed industry management of our country is staying at the primary stage, and so is the bank participation negotiable securities service. The government is playing a vital role in financial supervising and managing. And the key to the question is how to perfect government supervision and management. The government supervising and managing organization should change ideas, adjust patterns, and establish a scientific finance supervising and managing organization and a coordinated mechanism which are the core things of the government supervision and management at present stage. It should establish the financial supervising and managing organization in macroscopic and microscopic field, crosswise on longitudinal field, and perfect the financial supervising and managing organization and the coordinated mechanism in the financial supervising and managing organization coordination main body system, the coordinated content system, the coordinated responsibility system, the coordinated legislation system multiple perspectives so that perfect the coordinated mechanism in all fields. In addition, market supervision and management is also important. It should establish the firewall system, the financial holding company counter- monopoly regulations , the shareholder's aggravated responsibility system, and strengthen the information to be disclosed. Government supervision and management should keep pace with market supervision and management, so that they supervise and manage well.