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Study On Lender Of Last Resort Legal System In China

Posted on:2013-08-26Degree:MasterType:Thesis
Country:ChinaCandidate:C K ZhouFull Text:PDF
GTID:2246330371999728Subject:Law
Abstract/Summary:PDF Full Text Request
In the background of economic integration, the relationship between the financial markets of each country is closer and closer as the markets are more like a whole. Of course, the following financial risk is also increasing. As a common problem, then how to prevent financial risk, sustain the safety and stability of financial system and avoid the economic crisis catches countries’high attention. Financial safety concerns not only the development of the national economic, but also the stability of the society, so we don’t need to put many words on its importance. There are many way to prevent the financial risk, as one of the three important parts of financial safety net, the lender of last resort plays an important role in financial safety. It has been200years since the legal system of the lender of last resort was projected, its theory is becoming perfectly and it gets widely used in practice. The lender of last resort system, means according to the law the financial institute or government, possessing the execution of duty of lender of last resort, provides bailout to those financial institutions suffering temporary fluidity crisis, which can help prevent or solve the system risk to be caused or caused by those questionable institutions.In our country, the practice in recent years, the central bank to the form of refinancing lender of last resort to perform functions of financial institutions in crisis on aid, and ensuring financial security, and promote economic development and maintain social stability has made some achievements. But because China’s lack of laws and regulations to a lender of last resort of the legal system to make clear a regulation, at present, China’s legal system of a lender of last resort in the theory and the practice still exist in the many defects and shortcomings. In view of this, studies how to perfect our country’s legal system of a lender of last resort is very necessary, has the extremely vital significance.This article from three aspects to research the lender of last resort legal system. The first part is "the lender of last resort legal system general analysis". In this part, mainly introduced the lender of last resort the basic theory of legal system, and analyzes the connotation of the lender of last resort legal system. A lender of last resort of the legal system shall be produced certain theoretical foundation, this article mainly from the banking system of the vulnerability of the internal market failure and trade, the paper analyzes the lender of last resort legal system theory basis. The second part is "our country a lender of last resort legal problems in the system". Because of our country legal system of a lender of last resort of the relevant provisions is not clear, the lender of last resort legal system in our country there are many defects and shortages, this paper mainly to the lender of last resort legal system imperfect legislation, relief tools of a single, lack of flexibility, the lack of rigorous relief standards, the lender of last resort to law system of abuse,"fuzzy" and "clarity" with the principle of combining the didn’t get fully embody and lack of lender of last resort legal system and related supporting system for the shortage is analyzed. In the third part of "a lender of last resort to perfect our legal know proposals." Through the lender of last resort to our country legal system analysis of the existing problems, this paper, from the perfect legal system of a lender of last resort legal norms, flexible using of diverse relief tools, formulate strict standards of aid, prevent a lender of last resort legal system abuse, adhere to the "fuzzy" and "clarity" combination, establish and perfect the legal system with a lender of last resort of supporting system puts forward some perfect our country’s legal system of a lender of last resort of the proposal.
Keywords/Search Tags:the lender of last resort, legal system, the central bank
PDF Full Text Request
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