Construction Of Private Financial Supervision Legal System

Private finance as a form of traditional finance existed in the economical system of our country due to meet the needs of economic development. It has provided financial support for Chinese economic development and has played a certain positive effect. Chinese Government has taken against attitude to them and prohibited to recognize the legal status of private finance because of the issue of financial security. Private finance developed with a hide way and formed a certain scale instead of exterminate. If we do not supervise and guide it in to the right direction, it will cause certain impact on our financial system because the risk of major private financial characteristics, thereby affecting the macro-control policy and our economic development. Construction of financial supervision legal system is imperative. How to build the civil legal system of financial supervision, the author first draws on public interset theory,private interest theory, incomplete law theory and the theory of public enforcement thinking in the traditional regulatory theory.Public interest theory and incomplete law theory shows the needs for private financial regulation.Private interest theory shows government should supervice private finance with right way.Public enforcement theory provides a regulatory idea-supervision with different classify based on the supervision costs. Also draw on a number of successful national and regional regulatory experience in financial supervision and legal system in our country's actual conditions, the author proposed principle and path selection of financial regulation legal system.We should use different regulation ways to different organizations according to the principle of economic security, proper coordination of intervention and the balance.We can be reckless the low level of organization of civil monetary and rely on private order to solve the problem.To the high degree of organization of civil monetary, we can build laws and regulations and establish regulatory agencies. Finally, the specific construction of civil financial market access, exit, risk control and transaction control of the legal system will be built matched different private finance organizations after the thinking of classification regulation in the path chosen. Author is trying to build a clearer legal system of civil financial regulation and hope it play an active role in private finance.