A Legal Study On The System Of Final Lender In China

The lender of last resort is the last line of defense systemic financial risks, andalso an important part to construction the domestic financial safety net, In our countrynot yet appeared specialized legislation of the lender of last resort, only in a few ofthe central bank legislation we could find the theory of lender of last resort.academic research about the lender of last resort system focused on the economicsperspective,few studies in the field of researching from the perspective of law. It isnecessary to study the lender of last resort system from the perspective of law.From the start to maintain the country’s overall financial security, based on theexisting laws and regulations and study the lender of last resort theory at home andabroad to construct the lender of last resort legal system. First,based on the researchof the lender of last theories，defining the concept and analyzing the content andelements of the lender of last.Based on this, making a comparative analysis of the lawsituation in China,including legislation and judicial practice.Then making aintroduce of the legal practice of the lender of last theories of foreign.The practice offoreign is earlier than China and have continuous developments on response toeconomic crisis such as existing forms, starting standards, system of rules.On thecomparative analysis,it is easy to find that there are many shortcomings on thebuilding of our country’s lender of last resort，including the disorder conflict of legalsystem，the alienating select of system value，the unclear of main legal relationship，the overbroad of legal norms，the unreasonable of responsibility norms，and so on.Finally, aiming at these problems, giving some suggestions.I hope through thisstudy,making a clear understanding of the basic legal issues of the lender of lasttheories, defining the functions of the body, the target range and the system of legalnorms,and making a little effort to the rich of the lender of last theories.