Research On Legal System Of Risk Regulation Of Subordinated Debt In China

2007 U.S. subprime crisis, the U.S. economy and the world economy a heavy impact, the root of this financial crisis is over subordinated debt issued.Also, because the U.S. government subprime deregulation caused the accumulation of a systemic crisis. People have started to look at subprime sensible risks, how the new environment of international financial integration, financial innovation and effective risk control tools are also of concern. The risk of subordinated debt has become a national regulatory issue of mutual interest.This paper focuses on supervision of subprime risk the legal regime is divided into four parts.The first part is the interpretation of the concept of subordinated debt. First, introduce the content subordinated debt, subordinated debt. Although scholars define different forms, its essence is the same. Subordinated Debt means the agreement between the parties or the mandatory provisions of law, the settlement of certain or all of the order in other claims after the claims of ordinary. Second, discusses the characteristics of subordinated debt, although the level of the world's financial industry very different understanding of the basic characteristics of subordinated debt is the same. Finally, with the widening subprime explained the bank's capital-raising channels and the release of risk and is conducive to strengthening the role of market discipline of commercial banks.The second part discusses the theoretical basis for regulation of subprime risk. Learn from the legal point of view on the economic analysis of the theoretical basis of subprime risk regulation. Theory from the perspective of the legal basis, discusses the need for regulation of subordinated debt, subordinated debt regulation of the protection of economic interests of society as a whole.The third part of the point of view of comparative law from the United States, Britain, Germany, France, Legal System of subordinated debt, subordinated debt of the law from the nature, type and the applicable rules were compared for a reference for our legislation.The fourth part of the subordinated debt from the current situation of our country, discusses the existence of subordinated debt risk regulation and legal issues impact on the subprime market, Legislation from the subordinated debt level, distribution, mutual support, the withdrawal of government guarantees and international cooperation, put forward a sound legal supervision of the concept of subprime risk.As China's financial and economic development, financial product innovation, the use of subordinated debt in the form of banking will be increased, and its related areas of law will become more complex. China's market economy system in the case are not perfect, still needs further study. Meanwhile, research on the subordinated debt can not just stop at some point;you must also keep up with the pace of practice.