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Financial Crisis Background International Financial Laws Supervision Change Research

Posted on:2012-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:J HaoFull Text:PDF
GTID:2216330338957257Subject:International Economic Law
Abstract/Summary:PDF Full Text Request
Although China is less affected by the financial crisis, but the risk is still remind us of the international financial regulatory system should reflect on crisis in a perfect and summarized. The financial crisis is not only an opportunity but also a great challenge to China, We should take it as an opportunity to conform to the trend of the development of the international financial industry in China, reform the financial regulatory system. This paper mainly discussed in the first part of the connotation of financial supervision, theoretical basis, target, principle, mode, content, method and other basic theoretical issues. In reviewing the evolution of the financial crisis after crisis, according to the characteristics of times after the proposed by normal should establish scientific and spirit to the long-term mechanism of financial supervision.The second part combed the major economies and international organizations financial regulatory reform measures, and current financial regulation reform of domestic law and international law level the level problem are discussed.In the third part exposed to the crisis of financial supervision legal loophole was discussed. For financial efficiency of financial efficiency and ignore too respected financial safety and macro the prudential regulation of the absence, to the contents of fictitious economy not overlap with regulatory requirements, supervision, regulatory arbitrage trigger vacuum coexist racing times "and" the decline of international regulatory cooperation system makes the crisis is the reason.China's regulatory model rooted in the domestic financial environment, the perspective of foreignfiction provides the experiences and lessons, need to add native wisdom to digestion and absorption. The fourth part focuses on how to perfect our country's financial regulatory laws system this proposition. Will financial regulatory such a level, angle is unusually rich's grand proposition shall at least include the following content:first, the legislation idea on safety and efficiency, which requires us still equal to the position of the important financial innovation. Second, macro prudent ought to reflect in the microscopic mechanism, otherwise will become the idea on lack of system. Third, the separate operation and institutions supervision, and not the one-to-one in China should be based on the control risk allowing mixed-business management, and matches by the function supervision. Regulators reform was not in so "line three will" or other but in whether it can with minimum cost of obtaining the maximum income, so in the existing regulatory system of coordination between powers to strengthen institutions is the better choice.Fourth, to speed up the financial institutions of bankruptcy legislation and the relevant system, and pay special attention to the construction of financial innovation product risk supervision and credit rating agencies regulation. Fifth, the concept of consumer protection in China is the weak regulatory culture. In addition, this has suffered in the securities supervision in attack. Shall establish systematic system to all sorts of circumstances financial consumer appropriately, especially by the protection of private law enforcement mechanism should be fully market since commissioning function. Sixth, strengthening international cooperation and coordination in the process of building the legal framework play a positive role.
Keywords/Search Tags:Financial Supervision and Regulation, Idea, Mode, International Coordination and Cooperation
PDF Full Text Request
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