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The Financial Industry Operates A Number Of Legal Research

Posted on:2009-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:X LinFull Text:PDF
GTID:2206360272984783Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In the financial industry, Comprehensive-Operation is an opposite word of Segregated-Operation. Comprehensive-Operation ( or Mixed-Operation) and Segregated-Operation showed a circulation of substituting each other. When the development of financial industry comes to a degree, they will substitute each other to be dominative system of financial industry. But it isn't just a simple repetition. Actually it is the negation of the last system and the last itself. In this paper, "Comprehensive-Operation" includes two substances: the running mode of financial enterprises and the supervision system of financial administration. Comprehensive-Operation brings huge financial risks while it makes a significant development. This is a new subject which we need to treat seriously that how to decrease the risks to an acceptable degree with the development. This paper, with five chapters, discusses the legal difine and history of Comprehensive-Operation, inevitability and special risks of Comprehensive-Operation, organization of Comprehensive-Operation : financial conglomerates, the financial supervision of Comprehensive-Operation, and problems and countermeasure of China's Comprehensive-OperationAt the base of studying some basic problems such as concept, history, background, it is a conclusion that though there are some risks and barriers, the Comprehensive-Operation system what we are starting is meet to the development of china's finance industry. It is a necessary reform for the competition of global challenge in financial industry. But it should be follow some kind of principles and steps.Financial Conglomerates are the organization of Comprehensive-Operation. In this paper, there are some compare about the classification, characters of financial conglomerates of developed countries. This paper try to find out the particularity of corporate governance of financial conglomerates. There is an advice that the development of china's financial conglomerates should be step by step. And it would be better to choose the form of the Financial Holding Company in the early step.With the development of financial industry, the financial supervision systems are reformed of reforming all over the world for the need of Comprehensive-Operation. Such as the transform from supervision on institutions to supervision on functions, and the transform from separated supervision to mixed supervision or unified supervision. There should be focus on ruling by law, legislating, satisfying the law system. At the same time, the main work of financial administration should convert from rescuing work and temporary policy to ordinary prudence supervision and differential supervision. There is some special supervision: solvency ratios and capital adequacy, anti-'Intra-group' transactions system, enhanced obligations system, financial antitrust system. At the last, this paper gives the advices about China's financial reform, especially the bankruptcy mechanism for the financial enterprises and the financial antitrust system.
Keywords/Search Tags:Financial Risks, Comprehensive-Operation, Financial Conglomerates, Financial supervision
PDF Full Text Request
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