| With the gradual improvement of our socialist market economic system and after joining the WTO is facing competitive pressure of foreign financial institutions, the reform of interest rate marketization has gradually become China’s financial reform is unable to avoid.The cost of the interest rate marketization will increase if it is later based on the international experience. Therefore,seizing the opportunity and pushing forward the interest rate marketization stably and decisively is a important task faced by the financial reform in China. In fact, we started the interest rate marketization officially as early as the1990s,and the current interest rate marketization has entered the final stage which is also the riskiest stage. However, due to the immaturity of China’s legal environment,so many original legal system has become the legal obstacles of our reform of interest rate marketization. So research on the legal issues of the interest rate marketization has important practical significance and theoretical value.This paper is divided to four parts:the theoretical basis of interest rate marketization;our interest rate marketization process and legal obstacles;the process of the market economy developed countries’interest rate marketization and its legal characters;and how to perfect the legal rules of our interest rate marketization.Interest rate as the price of financial product, is the most active actor and core of the whole financial system and financial market. The purpose of interest rate marketization is to let the relationship of market supply and demand play a decisive role in a greater degree in the formation of interest. Interest rate marketization is one of the important steps in the financial industry in China, and it is also the necessary demand of the development of our socialist market economic system.Therefor,At first,this paper explains the theoretical basis and reasons,which provides the theoretical support and factual meaning of our interest rate liberalization.then it presents the process of our interest rate marketization, and points out the legal obstacles that we have encountered in the process of interest rate marketization of our country.Then through the description of the interest rate marketization process of market economy developed countries, analyzes and summarizes its interest rate marketization to reflect the legal characteristics, which for the study of the last part of the interest rate marketization in China to provide reference for perfecting the rule of law.That is, to clear the legal obstacles in the process of interest rate marketization,it is necessary to improve the relevant laws and rules. In the last part, the author elaborated the legal targets of our interest rate marketization at frist,that is, through interest rate marketization reform to open the route transmission of monetary policy and fiscal policy in our country,so that the Chinese government can through the proactive fiscal policy and prudent monetary policy to safeguard the security and stability of the financial system. Then author establishes the legal principles of our interest rate marketization based on the legal targets, which can provide the macro guidance of the interest rate marketization. Finally, put forward some Suggestions on perfect the legal rules of interest rate marketization in China:At frist,revise the core legal regimes, such as "The people’s bank law of the People’s Republic of China","Commercial bank law of the People’s Republic of China ","Corporate Law of the Peoples Republic of China "and so on; Secondly,To improve the financial regulatory system, such as Strengthening the coordination and cooperation among the financial regulatory institutions, and gradually moving closer to the centralized and unified international financial regulatory system; Finally,pointed out that to establish and perfect the bank bankruptcy legal system, deposit insurance system and credit system and other legal system to protect the healthy development of the interest rate marketization. |
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