Research On Administrative Coercion Of Financial Supervision

The enacting right of administrative enforcement in financial regulation is, essentially, the legislative power of administrative enforcement in the field of financial regulation. It is a legal activity in which specific organs created administrative enforcement in financial regulation in accordance with legal norms. It is also the creation of legal rights and obligations of the activity, and the prerequisite and basis for the implementation of administrative enforcement of financial regulation. The enacting right of administrative enforcement in financial regulation has a deep foundation of legitimacy. Some developed countries had formed a system of he enacting right of administrative enforcement in financial regulation more in line with their national conditions. Compared with these countries, even though China has implemented Administrative Enforcement Law, which made considerable progress in the standardization of the enacting right of administrative enforcement in financial regulation, however, there are still many problems and defects in the practice of the system of the enacting right of administrative enforcement in financial regulation. Based on theoretical analysis and empirical investigation of China’s legal system of the enacting right of administrative enforcement in financial regulation, reform and improvement of the system are needed while learning from the advanced experience of the relevant nation.The First Chapter defined the concept of the enacting right of administrative enforcement in financial regulation, elucidated its features, and analyzed the legal basis and institutional basis for legitimacy of it.The Second Chapter researched the counterparts in the legal setting, running authority of the enacting right of administrative enforcement in financial regulation of German, USA and British, and obtained some enlightenments.The Third Chapter Firstly examined the basic principles of the enacting right of administrative enforcement in financial regulation established by Administrative Enforcement Law, and then analyzed and solved the problem of convergence between Administrative Enforcement Act and related laws and regulations on the enacting right of administrative enforcement in financial regulation. On this basis, analyzed the legislative authority assignment of the enacting right of administrative enforcement measures and administrative enforcement in financial regulation in China, and pointed out their problems, which including conflicts of norms, the chaos of contents, and dislocation between administrative power and judicial power.The Fourth Chapter, to address the above problems and defects, made specific suggestions, which including legal clean-up in a timely manner, the implementation of the procedural legal norms and to increase the authorized provisions to administrative organ on administrative enforcement.