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On China's Import And Export Policies Of Financial Institutions, The Legal Status Of Its Legislative Perfect

Posted on:2008-09-18Degree:MasterType:Thesis
Country:ChinaCandidate:Z ChenFull Text:PDF
GTID:2206360212987582Subject:Law
Abstract/Summary:PDF Full Text Request
The establishment and development of the Export-Import Policy Financial Institution results from the development of the world economy and international trade. However, there has been for long time ambiguous concept in legal orientation of China's export-import policy financial institution, which causes many problems. With the progress of China's financial system's reform, legal orientation of China's export-import policy financial institution is put into consideration.No laws or acts clarify whether China's export-import policy financial institution belong to the specific corporations set in the General Principles of the Civil Law of the People's Republic of China, neither does their bylaws. Apparently, there're some ambiguities in the legal orientation of China's export-import policy financial institution, which makes the legal orientation unreasonable and accordingly results in the ill-operation of it.According to the connotation of the corporations set in the law and some related theories, export-import policy financial institution is a brand new kind of corporation, that is, a special undertaking corporation, beyond the corporations set in the General Principles of the Civil Law of the People's Republic of China, namely, undertaking corporation, official organ corporation, institution corporation and commonweal corporation. As a special undertaking corporation, it not only has some characters existing in all the corporations, but also has its unique ones. For instance, it combines the policy and finance property together; pays equal attention to the policy and exploitation in operation orientation; cares for the outstanding achievement on market, but the profit maximization is not its top priority; and competes in the financial market in given areas.The successful operation experience of the export-import policy financial institution in other countries shows that the establishment and operation of the export-import policy financial institution must be based on their related laws, which should contain the rules regulating the basic elements of the export-import policy financial institution, such as its legal orientation, businesses, etc. In order to carry out the legal orientation better, we must set up China's export-import policy financial institution laws, ascertaining their legal orientation, business scope, capital supply mechanism, supervision mechanism, market exit mechanism and liabilities.
Keywords/Search Tags:Export-Import, Policy, Finance, Legal orientation
PDF Full Text Request
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