On China's Securities Regulatory Authority And Its Legal Regulations

Twenty years have witnessed the great development of Chinese security market and security supervision system. However, there are still some problems lying in the Chinese security market.This paper, from the angle of security supervision right, attempts to discuss the problem in the security supervision as well as how to perfect the security supervision by controlling the rule system for security supervision right. The security supervision right is a means of intervening security market. Its installation and situation is of great importance in achieving the goal of security supervision.The first chapter of this paper discusses the legal nature of security supervision right, and points out that security supervision right is a kind of public power, and also classifies this right from different angles. Then the author compares security supervision right with general administrative right and points out the differences of the two. According to its essence of national intervention, finally, this paper points out the limitation of security supervision right and thus lays a theory basis for carrying out the ruling system.In the choice of the security supervision system, each country has its unique way. Having investigated the stock history of the advanced countries in the aspect of security supervision, the second chapter of this paper introduces the national changes of England, America and Germany on security supervision system, and puts forward some suggestions on the security supervision right of our country.The third part of this paper analyzes the present situation of the security supervision right of our country. In the present Chinese security supervision system, the Security Supervision Association of China can be an organization with great power. Though the Security Supervision Association of China is not an administrative organization, the security supervision right still has the property of administrative power. Additionally, the stock market of China still does not ripen, so how to carry out effective supervision is in great need of the wisdom of security supervisor. Innowadays security supervision right field, there are still many problems, which is mainly reflected in inefficiency, duty offset and lack of legal construction of security supervision power, and disunity in duty.On the basis of systematic analysis and comparison, the fourth part of this paper discusses how to perfect the ruling of the security supervision right of our country. The main conceptions are as follows.-Firstly, we should perfect the present security supervision system of our country to make it clear of the legal position of the Security Supervision Association of China, to strengthen self discipline, and to perfect the legal aid of the civil lawsuit.Secondly, we should standardize the concept of the security supervision right of our country. The first point is that, on the one hand, it is important to accomplish appropriateness of security supervision, and on the other hand, it is necessary to achieve continuity and intensity of security supervision; the second point is to put the benefit of the investors in the first place.Thirdly, we should standardize the security supervision right of our country. Only in this way can we achieve the transparence and steadiness of the security supervision right.Finally, this paper points out the security supervision responsibility and gives advices on perfecting the legal supervision for security supervision right.