Font Size: a A A

The Analysis Of Economic Law On The Rights Of Central Bank Of The United States

Posted on:2009-06-21Degree:MasterType:Thesis
Country:ChinaCandidate:X Y WuFull Text:PDF
GTID:2166360245990355Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The central bank is the core of a country's financial system. It is the highest financial management institution. Because of the instability of the financial market, at present, most of the world's countries have established a national central bank in charge of financial activities. In modern society, the government mainly formulates and implements financial policies, manages commercial banks and other financial institutions, regulates and controls the money supply through the central bank, so as to make price stable and develop economy. The legal system of the United States is relatively sound. From the perspective of law, we study the rights of central bank of the United States to enable the rights of central bank of China to be more perfect, and rapidly promote development of the national economy.From the perspective of economic law, the analysis on the rights of the U.S. central bank is mainly qualitative and positioning. Before we study the rights of central bank of the United States, we should first figure out the subject status. It's possible to do further research only when the subject status is clear. The central bank of the United States is the subject of economic law, entirely different from the traditional subjects of civil law and administrative law, when it participates in the economic legal relationship, exercises macro-control, and promotes general and sustainable growth of national economy. It is noteworthy that the macro-control right which the U.S. central bank exercises is completely different from administrative power of traditional state administrative institutions .The former is the right which the central bank exercises as a financial management institution. The central bank exercises financial control and manages national economy, in essence it is the right to manage the national economy. The latter is the administrative power which the state exercises as a administrative institution with its essence a political power. we can analyze macro-control right, which the U.S. central bank exercises from the following areas: quality of the contract——the political state is generated by the transaction contract , while the contract between the U.S. central bank and those financially controlled is a contract of division and cooperation; law for benefits——macro-control right, which the central bank exercises, is to stabilize prices, curb inflation, and promote the general, sustainable development of national economy, while the administrative power is to protect political rule of the ruling class. From the perspective of law, the macro-control rights which are exercised by the U.S. central bank mainly include the following rights: the right to publish macro-control decisions and orders, to issue currency, to regulate financial institutions and so on. In the U.S, the central bank's position on the right, the relationship between the central bank's macro-control right and control of congress ,government, the relationship between the central bank's macro-control right and the right of those financially controlled, essentially speaking, relationships among them are those of division and cooperation, guarantee of currency stability, promotion of economic development. So the U.S. central bank's financial macro-control right's position could be identified through the relationships of these rights.China's central bank is established relatively late. Compared to the rights of the central bank of the United States, the rights of the central bank of China still have many deficiencies, such as the right to financial supervision and so on. At present, China's financial laws and regulations are imperfect, means and methods of financial supervision are backward, etc. All require the learning of the United States central bank to compensate for the deficiencies and promote rapid and healthy development of socialist market economy!...
Keywords/Search Tags:monetary policy, the administrative power, macro-control right(power)
PDF Full Text Request
Related items