Research On Anti - Monopoly Law Regulation Of China 's Financial Holding Company

Financial holding company is the inevitable product of the financial mixedmanagement, the appearing of this kind of corporation adapts to the rapiddevelopment trend of the financial industry to a great extent. Financial environmentplays a vital role in the benign development of the society, its status and changesaffects people’s lives every now and then. Only guarantee the healthy development offinancial industry, a favorable external environment of the world economy can becreated. Due to its own operating a variety of financial business, financial holdingcompanies usually have strong economic strength, it also tends to form the dominantposition, as long as this advantage status can be used correctly, it is conducive to thedevelopment of enterprise in the market competition environment. However if theadvantage used improperly, even appearing abuse situation, the normal competitionmechanism causes great damage. This case on one hand causes serious damage to thelegitimate rights and interests of the financial enterprises with the same industry level,on the other hand itself may cause a lot of potential business risk. In order to avoid theoccurrence of this kind of negative effect, it is necessary to conduct the antitrustregulation effectively, limiting the monopolistic behavior in the competition market.The developed countries and regions have conducted a series of exploration for themonopoly regulation of the financial holding companies, some of them have achievedgood effects. And China has not issued specialized laws on the financial holdingcompany, the separate operation is priority in the existing financial management,However, our country also acquiesce the existence of some financial holdingcompanies, overall the status of the financial holding company in the existingeconomic environment of our country is embarrassed. Financial holding companies ofour country’s antitrust regulation can not be loosed, if the competition mechanism bedestroyed, the legitimate rights and interests of the masses of the financial consumerswill be damaged ultimately. China’s existing anti-monopoly law enforced in2008,including the8chapters and57articles of law, this law laid down for the entiremarket economic subject antitrust rules, so it is not professional on the financialholding companies. Therefore in the process of antitrust enforcement must beaccompanied by financial regulators, providing professional technical support, only inthis way can ensure the fair and efficient of the antitrust enforcement. The authorthinks our country should learn successful experiences from the developed countries in this field, establishing strict perfect legislation, strict efficient law enforcement andneutral fair judicial as the main content of the perfect legal supervision system, bymeans of several aspects to obtain, providing a system to guarantee the antitrustregulation for financial holding company can work efficiently, in order to lay a solidfoundation for further construction of the market economy of socialist with Chinesecharacteristics.