Legal Research On Financial Market Rescue Under The Economic Crisis

In order to deal with the effect of the globalization of financial crisis in 2008, the American government persuaded the parliament to appropriate 7 billion dollars to save the market. The Chinese Central authorities put out 4 trillion yuan to rescue the market. In addition, various countries also give money generously to rescue the market positively; the massive government financial fund rescued the market. That the massive government finance fund of saving the market roused common people's attention. This article is concerning that should the government rescue the market by capital or not, when should the government finance rescue the market, whom should the government finance rescue, when does the government financial rescue the market to withdraw, who should operate and supervise the governmental financial market saving, the government finance rescues the market the achievements appraisal, what did the government financial saving base on and so on.The significance of this study is that by researching the legal system and financial initiatives of the financial rescue in developed countries, by using various researching methods, such as historical analysis, comparative analysis and empirical analysis, the method of document retrieval on financial rescue under the economic crisis of its historic status, comparison of related concepts, financial rescue of theoretical and legal issues,all researhed for the national financial rescue to find theoretical support and legal support, and improving financial rescue legislation in China, in order that we can save the financial market reasonably and legally in the framework of laws and regulations to achieve financial rescue when financial crisis happened in China.The text including three parts:The first part discusses the history and theoretical analysis of financial rescue of the economic crisis. Firstly, there is a brief exposition on the history of the financial rescue, in order to sort out financial rescue of the development text; then followed by an analytical theory on financial rescue of the connotation, that the economic crisis on the financial rescue package to make a clear definition and and related analysis to compare the concept of finance to definite the basic characteristics of the financial bailout and the scope of the theoretical basis for the following studies.The second part discusses mainly on the legal systems of foreign financial and fiscal rescuing experience and analysis of the legal system. In this part, under the division of the major developed market economies, the traditional continental and common law, the financial legal system and financial rescue measures are described. By contrast of the countries identified on the enlightenment, drawing, as China's financial rescue law system of the theory and some humble opinion.The third part discusses the economic crisis of the financial rescue and improvement of the legal issues. In this section, the paper based on the practice of financial rescue, the existence of the financial rescue of the legal issues were studied and analyzed, the last important financial rescue of focused on the legal system of the improvement, all in the financial rescue through the legal issues analysis, countermeasures and suggestionsThis article concludes that in order to make the theory of rescuing the market and our country's legal law perfectly, we must absorb and profit from the developed marketing country positively the experience and the lesson, bases on our country national condition, and consummates our country's finance act system. By using these methods, we can achieve these aims: perfecting finance law, the foreign trade law and other related laws, strengthening NPC and standing committee's decision-making power and the supervisory authority, the perfect financial rescues the market inspector general system, rescues the market for economic crisis's under finance to provide the advantageous legal safeguard, to make the financial market saving based on laws, altering the government market saving to national and people market saving.