Giant Financial Institutions. Antitrust Laws Under The Split

In 2008, the U.S. subprime mortgage crisis intensified and spread the world rapidly, from the financial field spread to the entity economy area, then created a historical rare international financial crisis.Among them, due to lack of regulation the giant financial institutions abuse of dominant market position, result in the potential destroy to the financial system, which caused the highly attention of the academic world.With the U.S. government announced the largest financial regulatory and reform bill nearly seventy years, which signed as the law by President Obama in July 21st 2009, will have a profound influence to the financial system.The bill by taking measures to limit the authority of financial institutions, regulation investment behavior of financial institutions, and strength the supervision with financial institutions, which will eventually led to the return of the traditional bank management theory. The monopolized position with the giant financial institutions have forced the global economy to take action to reduce high-risk business, improve the capital quality, prevent the systemic risk, and reduce the dependent on government assistance with them, then maintain the stability and healthy of the operation and development of the international financial system finally.To split enterprise is one kind of the special relief measures in the anti-monopoly law. Through the Intervention with imbalance of the market competition the by government authority, will make the monopolized enterprise split, make them loss of monopoly, thus make the recovery of the healthy competition of the market. Therefore, the split of enterprise also belongs to one kind of sanctions. To split enterprise behavior has always been applied to sanction on the natural monopoly industries by the governments, such as the United States Rockefeller oil case, AT&T case etc. The split with the financial monopoly industries is still a fresh topic till now. The research on the split with the financial monopoly industries by national jurists and economists are still not deeply, and lack of adequate theoretical support; In practice, there is lack of successful financial industry split case. Therefore, study the feasibility of the split with financial institutions, has significantly meaning on theoretical and practical as the global financial increasing integration.Except introduction and conclusion , the article can divided into four parts: The first chapter is the general explanation with the related concepts of split. Firstly, this paper defines the basic meaning of split, the main types of the split behavior, clear that enterprise split is the government actively intervene with the market failure, is an important means of anti-monopoly behavior. On this basis, the paper further explore the theoretical source with enterprise split, support the effective competition theory and structuralism theory, suspected the behaviorism theory. Finally, make sure the enterprise split behavior is the most effective sanctions to break the monopoly and restore competition with the market. The second chapter is the general explanation of the definition with giant financial institutions and the feasibility research with the split of giant financial institutions. Firstly, the article explained the concept of giant financial institutions, describes the basic characteristics of its existence, and on the basis in listing Citibank, deutsche bank, Goldman sachs and other large financial institutions, through data analysis, classification list method, shows that the formation of financial trust. Secondly, the article analyzed the feasibility with financial institutions split by detail.The third chapter is the implement of behavior to split the giant financial institutions.There are three specific reasons: First, financial monopoly is fundamental reasons; Second, agencies too big will limited the government functions. Third, the normal financial supervision will Ineffective. And the chapter will provide powerful support for resolution through comparative research. Finally, the article indicate that due to the particularity with financial institutions, there are some different places with the split of banking and telecommunications industries.The forth chapter is legislation to split Chinese financial institutions.First, the description about the monopolization of chinese financial institutions;Second,to face with the common problems about how to split chinese financial institutions and show out the lag of the financial regulation;third,to perfect the legislative mechnism of Chinese financial institutions in the basis of level of development and regulatory system about Chinese financial institutions.