The Shadow Banking Regulation Law Studies

Since2008,when a huge destructive power of the financial crisis,the global economic downturns.The reason shall be various,but the fresh word shadow banking is taken seriously.there are more and more scholars to study it.The Nobel Prize winner of economics in June2009, Mr.Krugman at the London school of economics speech pointed out that "the financial system appeared a big blind spot,which is the shadow banking.The major mistake we made is that a bank must be in a marble floor of the building,the rows of the tellers to charge the deposit.In fact,in any form of short-term loans to invest in long-term assets entity is the category of modern banks.the shadow banking system and commercial banks are equally important for the economy as a whole."In our country,with inflation rising,the Banks tightening monetary policy,small and medium-sized enterprises need money hungry beginning in2011,more and more capital "jump"out of the funds of the banks’s balance sheet in a variety of channels into the real-economy.The shadow banking gradually surfaced.From the recent data statistics,the Central Bank in the first half of2011social financing scale.according to the statistical report,the shadow banking loan amount have accounted for half of the total social financing.The shadow banks brought about by the huge sums of money influence the financial security of our country is a ticking time bomb,Fracture,once appear,the money will bring our country a unforeseen future financial crisis.As the actively promote the development of the financial market in China.We should make study all the formation and development of the shadow banking and run an in-depth understanding of the advantages and disadvantages.To formulate the model to fit the development of China’s regulatory road is our ultimate goal. In addition, China’s current practice of management adopted by financial regulatory model has been difficult to deal with the complex financial products of regulation.the shadow banking for such regulation pattern put forward the problems and challenges, our country at present the study of the shadow banking regulation law, in the face of such a new things, whether we should change the regulatory system to deal with the expansion and evolution of the shadow banking is the problem we need to discuss. Against this background research of shadow banking law regulation, the author thinks that has great theoretical significance and practical value.This article is divided into four chapters. the first chapter in this paper, from the concept of shadow banking, including Chinese and foreign countries’different concepts of shadow Banks, To analyzes the form of shadow Banks in different countries, as well as its characteristics and operation mechanism. It is concluded that due to the economic development level, different financial business development level is different, the manifestation of Chinese and foreign shadow banking is different. Major western countries’ shadow banking appeared mainly because of the excessive development of financial derivatives. shadow Banks appeared in China, the main reason is under the background of strictly financial regulation for the pursuit of profit to carry out a large number of bank off-balance-sheet business,as well as small and medium-sized enterprise funds tense and should give birth to a lot of folk financing.The Second chapter is the shadow banking supervision legal system in our country present situation and existing problems, and from the various forms of shadow banking in our country, what are the main legal analysis on its regulatory, Finding that there are for the shadow banking supervision in our country legal regulation lack systemic, exist long regulation and supervision, a single regulatory tool, for China’s shadow banking lower degree of information disclosure requirements, and the related law is not very perfect.The third chapter mainly introduces the shadow banking regulatory system and the reference, mainly introduced the United States, Britain, the European Union, and the financial stability board of shadow banking supervision of the main measures and representative bill or instructions,find suitable for our country to study and draw lessons from, such as for centralized supervision and regulation of range widely and has tentatively as far as possible, regulatory tools should be flexible, etc. The fourth chapter is the suggestion of perfecting our country’s shadow banking supervision legal system, there are mainly six suggestions, first of all, we should perfect regulation the system country. we will change the "a line of three separate" supervision, information communication is not timely. Second, we shall embarks from the shadow Banks themselves, and set the inside and outside the firewall, risk isolation, and we should strengthening its supervision. Third, we must enhance the shadow banks information disclosure requirements. Fourth, From the perspective of financial consumer, we should to perfect the protection the legitimate rights and interests of financial consumers. Fifth, in order to timely response to the shadow banking risks, we should be established in view of the shadow banking system of insurance. Sixth,we should expand the scope of financial law regulation, and promote the international regulatory cooperation...