The Study On Legal Supervision Of Systemically Important Financial Institutions

Systemically important financial institutions (Systemically important financial institutions), the SIFIs refers to as of themselves lead to bankruptcy, which in turn cause shocks to the financial system, and may cause the financial crisis, the damage to the real economy such as the impact of financial institutions. Global systemically important financial institutions (G-SIFIs) refers to "those who have a certain size and market dominance, and the relevant influence around the world, once a bankruptcy or a crisis occurred, when maybe cause significant volatility to the global financial system and in several countries have economic consequences of financial institutions".In2008the US subprime mortgage crisis triggered international aspects, which pay more attention to risks to financial stability of the system, and strengthen oversight of systemically important financial institutions research efforts. In the financial sector, banks strengthen conductivity due to their own business characteristics, the international financial system and global economy have huge negative externality, this article embarks from the perspective of banking risk, to study systemically important financial institutions supervision legal system.In terms of research status at home and abroad, the SIFIs regulatory system innovation and development problems in the field, at home and abroad where have some papers and research report have involved in different degrees, but so far, rarely have legal problems of SIFIs regulatory research writings, academic papers and research on the problem of the report is also very rare. Overall, the domestic and foreign research on this problem is not enough comprehensive, has so far failed to form a direct and systematic, representative’s point of view.Because the bank will risk transmission to other areas, especially in all aspects of the financial sector, a pro-cyclical impact, and micro-prudential regulation has many insufficiencies, all countries begin to attach importance to the macro prudential supervision in the financial sector of irreplaceable importance, and get rid of the excessive intervention of politics, legal path tends to solve is better, at present the main research trend is to strengthen the supervision of laws of SIFIs, strengthen the supervision of international cooperation, further research established regulatory standards, etc.On the regulation of systemically important financial institutions need establish a set of identification such as standard of rules and regulations, the financial stability board and the Basel committee for this cooperation, joint development of an integrated approach to a set of for systemically important financial institutions, research on capital combination, such as add, contingent capital SIFIs to its regulatory requirements standard is much more strict than the general financial institutions. The G20summit in Washington explicitly put forward the supervision system, through the global information sharing, improve the regulation of SIFIs cross-border business and table. So, the information sharing in the global financial regulatory information sharing mechanism increasingly is more and more important.In this thesis, the research content mainly involves SIFIs regulation, principle and method of solving the problems to be settled urgently, and the international cooperation mechanism to build and perfect. These new problems, not only to further enrich the current studies of theory and practice at home and abroad, but also for the perfection of China’s financial legal system is of important theoretical and practical significance. In this thesis, combining with some foreign countries and organizations for the systemically important financial institutions supervision experience, discusses legal issues that should be paid attention to in terms of the regulation in our country, and proposes some ideas and Suggestions for the problem, through the study of the selected topic, as SIFIs regulatory reform puts forward concrete suggestions on policies and laws, to promote international SIFIs regulation provides the theoretical support, the establishment of the new order for China to participate in the development of international financial regulation and improvement of the domestic financial legal system to provide theoretical guidance and policy reference。...