Tendency Of Regulation Law Of Offshore Finance

With the finance innovation developing, offshore finance begins to drawpeople’s attention in addition to traditional onshore finance. Although offshorefinance has existed for over half a century and has been developing in China for about20years, it is still a new type of finance compared to onshore finance. In a societygoverned by the rule of law, finance cannot go forward without the regulation andguide of law. So the study I am doing can be regarded as not only a reflection on theobstacles that China’s offshore finance has been through but a response from the viewof science of law to the current development of offshore Renminbi.Academic study on offshore finance, especially financial study has beenconducted by many researchers, but few researchers study related problem oftendency from the view of international economic law, so it is still kind of innovation.Many researches have showed us that study on tendency must start from the currentsituation, which is decided by the way how the world develop. As to the tendency ofregulation law of offshore finance, we must study the current situation and find outproblems contained in it. The current problems will show us the future of regulationlaw. By now we find that lots of regulation law of offshore finance exist in the formof soft law, that different countries regulate offshore finance with different laws, andthat official elements fill the regulation law. The above three problems preventregulation law from playing a effective role.With the background of financial crisis, the international community is trying tostrengthen the regulation of finance including offshore finance. On the basis ofrespecting the how the law develops, this thesis discusses the improvement ofregulation law of offshore finance through comparison, analysis of rules, and analysisof law and economics, and finally draws the following conclusions: soft law ofoffshore finance will turn to hard law, regulation laws of different countries willbecome similar or even identical, and civil elements will play a more important role inthe regulation law. Those conclusions may not be perfect, but they will leadresearchers to think further. And by comparing with the practice of development ofChina’s offshore finance, theories in this thesis can be improved and guide thepractice of regulation law.