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The Perfecting Of Chinese Financial Supervision Legal System In Post-crisis Era

Posted on:2012-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:H H MaFull Text:PDF
GTID:2216330338456971Subject:Law
Abstract/Summary:PDF Full Text Request
As the financial sector itself has high-risk characteristics and financial core of the modern economy continues to strengthen, financial supervision plays an increasingly important role in the process of development of modern financial industry, how to keep the whole financial sector of economics develop stably has become a topic worthy of studying. Especially after the U.S. subprime mortgage crisis which has triggered a global financial crisis, financial regulation once again sparked a hot discussion, many countries undertook financial regulatory reform, we analyzes China's financial status and problems, based on the reform experience from abroad, to make some recommendations to improve the legal system of financial supervision in China in the post-crisis context.Chapter 1 of this article is the introduction, describes the purpose and significance of this study, the research background, literature review, research methods and the structure of this arrangement. Chapter 2 describes the general theory of the legal system of financial regulation and the characteristics of financial markets in the post-crisis era, starting from the definition of financial supervision, describes the general theory of the legal system, and then introduces financial regulation mode classification according to different standards, on this basis, respectively, from the perspective of economics, law perspective, financial innovation and financial supervision of the financial relationship between the legal and regulatory perspective of the theoretical basis, sums up the financial market characteristics in the post-crisis era, and the necessity of improving the legal system of financial supervision.Chapter 3, the foreign financial regulatory reform has been evaluated and summarized,such as the United States, Britain, the European Union and so on, through the regulatory model of reflection, the inductive analysis of change, we obtains the useful insights on improving the legal system of financial supervision.Chapter 4, based on the business model and historical evolution of China's financial regulatory system, our current financial regulatory status and problems are analyzed. At present, China's financial industry implements "one bank and three commission" sub-sector regulatory model, but the financial business model largely brakes the boundaries of sub-sector, the industry shows mixed trends, the mismatch of business models and modes of supervision causes a series of issues, on one hand separate supervision system can't compensate for regulatory arbitrage and regulatory loopholes, on the other hand, the sub-sector regulatory system lack macro-prudential supervision and systemic risk regulator, which are calling for perfecting the financial supervision legal system.Chapter 5, according to the above analysis, we sum up the experience from abroad financial regulatory reform, and make a number of recommendations about perfecting the financial supervision legal system of China, from the regulatory reform of the financial regulatory re-routing to improve the legal system. For the mismatch of current financial situation and separate supervision mode, we should consider taking the road of financial supervision unification, to establish "a bank and a commission" financial regulatory system, and gradually implements the overall financial business regulation, at the same time, establish a unified legal system of financial supervision, improve the deposit insurance system, consumer protection, financial institutions, market exit system and other supporting systems.
Keywords/Search Tags:post-crisis era, financial regulation, legal system, mixed operation, functional supervision
PDF Full Text Request
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