The Legal Problem's Study Of Bank Intervening Supervision In Stock Exchange Settlement

Stock market not only has a function of high efficient financing, but also includes great risks. The prosperous development of China's Stock market plays an active part in collecting social capital, optimizing the allocation of resource and vitalizing market economy. However, as a intensive industry of information and credit in nature, Stock market holds a high risks and speculation, which results in the strict supervision of Stock market by each nation.Because of the high technical characteristics the Stock market in itself, Stock supervision requires a sophisticated technology. The international institutions of Stock supervision shift gradually, the supervision means become more complicated. So different self-contained trades should strengthen their automatic supervision to coordinate with the government. It is a custom for commercial bank to intervene in Stock supervision in the links of Stock exchange settlement. However, in China, because of the deficiency in the administrative system, the ignorance of laws and the positional dim of bank's supervision duty in the links of Stock exchange settlement, the phenomenon that securities company diverts client's exchange settlement fund is popular and the risks of settlement links become more clear. Nowadays, the theory scholars just emphasize the government and automatic supervision, but ignore the duty of bank's supervision in the links of Stock exchange settlement. Confined by its own deficiency, government and automatic supervision can not work in this special filed. So the study of bank's law position, its process and management make important theoretical and practical meaning.This article carefully analyze the bank's law position and duty of supervision with the methods of intercross subjects study, practice study, comparative analysis study, integration and conclusion study. I firstly give the definition of "banks intervening in Stock supervision in the links of Stock exchange settlement" from the law, comment on the fail condition of current government and automatic supervision, and demonstrate the system origin. On this basis, I analyze the legal and practical problems on present banks intervening in Stock supervision in the links of Stock exchange settlement. Then I introduce and analyze the different reform schemes that are raised by people in securities fields. At last, I confirm the bank's supervision nature and law position, set up a scientific supervision mechanism which can efficiently balance the benefit conflict between bank and securities company. I suggest the "single bank independent depositing and management" mode, improve the current capital mode and observe the principle of "securities company manage stocks, bank manage capital". I offer the law position to bank about administrative trustee. The administrative main body enjoys the power of choosing trustee. On this premise, as long as stricting and clearing the bank's authority and legal responsibility, at the same time unblocking securities company's channel of collecting capital and fully mobilizing the bank's activity of supervision can ultimately cut off the path that securities company divert client's exchange settlement fund.The innovation of this article lies in:1.The method of study innovate: adopting the method of intercross subject study, stretching over three subjects of securities law, banking law and administration law.2.The viewpoint innovate: making the administrative trustee as bank's law position in the supervision links of Stock exchange settlement, and putting forward the specific frame of bank's authority, responsibility and obligation.