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On China’s Securities Market System Of Administrative Supervision

Posted on:2014-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y D LiFull Text:PDF
GTID:2266330425493460Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The beginning of the securities market for the operation of the capital, the securities market is the product of the integration with the international market in China’s political economic, social background. Its expositions for securities market regulation and foreign scholars, however, the stock market stock market administrative supervision did not put the proper height, the main location of the administrative supervision of the securities market, and self-regulatory The boundaries of the problem is that we should pay full attention to the administrative supervision for the stock market, which is an important issue that we need to seriously study. In this paper, the historical analysis of domestic and international comparative analysis, empirical analysis by means of the administrative supervision of China’s securities market are discussed. Never a lack of confidence in our reform and development, although this process in one way or another, it has not been firmly believe that under the leadership of the party with the reform process in the problem will be solved along with the pace of reform in the securities market the process of development, the regulators and the regulated through mutual Game choice for the interests of the regulatory problems, these problems, such as in the reform process due to adverse regulatory emergence of a number of "shell companies" false listed misappropriating funds wantonly behavior is also not uncommon, are lack of supervision or regulatory system is imperfect result.Full text is divided into four parts.The first part, the securities market administrative regulatory overview. Clear in this part of the concept of securities regulators, is the so-called name correct, the words ring true, only the defined concept can be further discussed and a detailed analysis of the principle of the securities market administrative supervision and securities markets administrative supervision. The administrative supervision of the securities market is the exercise of the regulatory body of the securities market administrative law, or authorized by law to exercise administrative supervision of the terms of reference of the department to exercise the right to securities market regulation, according to the law established management objectives, the formulation and development of corresponding laws and regulations and policy and oversee its implementation, investigate and deal with illegal or criminal, supervision and management of the securities market subject their behavior. Securities market administrative supervision around the securities market the administrative supervision body has five power duties contents were discussed, through a discussion of the main content of power of administrative supervision of the securities market can clearly Ming analysis of the main exercise administrative supervision of the securities market; securities market administrative supervision of the principles of the analysis, the author of this article the stock market from the point of view of administrative law administrative regulatory body the exercise of regulatory authority should follow the principle of administrative law principles through exercises its powers and angle of departure, more suitable to grasp the administrative supervision of the securities market The exercise of the right. In this paper, the concept of the administrative supervision of the securities market, the content, the understanding of the principles and content, to understand, to grasp the concept of modern administrative Stock Market under the administrative supervision system, to provide a reference for the improvement of the system of administrative supervision of China’s securities market.The second part, the stock market administrative supervision of History and the existing problems. First, China’s securities market administrative supervision of the history and problems are discussed, can have a clear analysis of the context of the discussion of the historical evolution, and the role of the administrative supervision of the securities market at different stages have a clear guidelines and thus deeper to see the status of the stock market administrative supervision and problems; administrative supervision of the three stages of China’s securities market is analyzed, analysis of the administrative supervision of the legal system of China’s securities market experiences occur at all stages of the event the prototype stage, to the centralized supervision by a decentralized regulatory, and finally to the initial establishment of a centralized securities market system of administrative supervision, above History of the problems of China’s securities market system of administrative supervision, administrative supervision of China’s securities market exists The problems mainly in the legal system is imperfect, the problems of the regulatory philosophy, the securities market administrative custody configuration unreasonable.The third part of the extra-territorial securities market system of administrative supervision and the Stock Market in China. Through the use of domestic and international comparative analysis method to analyze the cause of the foreign securities market securities regulatory, content, features and draw can get inspiration for me stock market administrative supervision, so as to further improve the administrative supervision of China’s securities market bedding. Administrative supervision of the securities markets of the United States, Britain, Germany represent three different securities market the administrative regulatory approach, the characteristics of the three modes content, features, and three modes of the advantages and disadvantages come to the revelation of the administrative supervision of China’s securities market.The fourth part of China’s securities market, the idea of perfection of the system of administrative supervision. The boundaries of the part on how to improve the administrative supervision of the securities market, some significance, changes in the securities market through the improvement of the administrative supervision of the legal system in the securities market, thereby strengthening the concept of administrative securities market the administrative regulatory powers configuration, stock market sort out the administrative supervision and self-regulatory responsibilities to improve China’s securities market system of administrative supervision. The main problems for the administrative supervision of China’s securities market, the useful experience of foreign securities market regulation, combined with China’s actual situation, measures and recommendations to improve the administrative supervision of China’s securities market. From the three aspects of the improvement of the administrative supervision of China’s securities market of ideas, first in the Legislative Perfection, through the development of a series of laws and regulations to improve the authoritative status of the SFC, the SFC and the powers of the agency of boundaries is determined by the law, The self-regulatory organization status of the self-regulatory law, regulators self-regulatory law to improve the legal system of the administrative supervision of the securities market in China. The second is the transformation of the securities market concept of administrative supervision from internal operational procedures to apply for approval, and finally to execute the program, the author put forward their own proposals. The third aspect is the improvement of the power configuration of the securities market administrative supervision, the main SFC for the administrative supervision of the securities market, the Securities Regulatory Commission, the perfection of the self-regulatory organization boundaries of power to achieve the improvement of the administrative supervision of China’s securities market. Only do this before we could ensure the effective exercise of the administrative supervision of the securities market and to protect the interests of investors.At present, economic globalization, market-oriented gradually recognized, also makes some of the new economic entities start new faces into people’s vision, the securities market administrative supervision in order to height securities market into the regulatory target, this is undoubtedly correct, but also the right of the market, advanced concepts and effectively monitor the securities market, securities market play their own advantages, so as regulated securities market have effect, the emergence and development of high-speed operation of the securities market economy as the capital market for China’s economic high-speed development has played an irreplaceable important role. Any emerging institutional system needs to adapt to the prevailing political, economic, historical background, China’s securities market because of its unique historical background, stock market administrative regulatory regime and therefore different from those of other countries, it is necessary to be on China’s administrative regulatory regime The study look forward to more perfect.
Keywords/Search Tags:Administrative
PDF Full Text Request
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