Legal Perfection Of China’s Shadow Banking Regulation

In twentieth Century seventy years, with the continuous innovation and development of the financial industry, the shadow banking financial industry as a new marketing mode, to ease the formal financial system cannot meeting the growing contradiction between financial demand, intrinsically promoted financial disintermediation process, reduced the transaction cost of financial market. But with the rapid expansion of the scale of the shadow banks, the high risk characteristic gradually, the development of the shadow banking "blowout" has been a serious threat to the financial stability of the China. In the distribution of financial resources is extremely uneven, the regulatory environment relatively harsh conditions, shadow banking structure China showing the characteristics of two core, which limit its function of reducing transaction cost, even the existing financial system in the curing of some institutional defects. To strengthen the exploration of the shadow banking system for regulatory reform in the national context, the Chinese government put forward a new concept of reform the top design, and as the impact of global financial regulatory reform, we should strengthen supervision of the design of shadow banks. Based on the summarizing of the shadow banking system related research, combined with the actual situation of Chinese financial supervision, to explore the Chinese shadow banking supervision legal improvement of the road, in order to provide references for the development of Chinese financial supervision system. The article is divided into four parts:The first part mainly expounds the theoretical basis of shadow banks. Comprehensive domestic and foreign mainstream view, a clear definition of shadow banks, so as to determine the specific object of legal regulation, define its connotation, on the basis of the analysis of the legal nature of the carding its extension. After analyzing the operation mechanism of risk through the shadow banks and their possible, analysis of the impact of shadow banks on China’s financial system from both sides. First affirmed the positive impact of shadow banks, its existence and development to promote the optimization of resource allocation of the entire financial system, promoting the financial disintermediation process, reduced the transaction cost of financial market, this is reflected in the value of legal supervision; also want to see the shadow banks which brings to the traditional financial business and the whole financial system risk and impact, which reflects the necessity of legal supervision on it.The second part briefly introduces the current situation and the legal regulation of the shadow banking problems of china. Mainly includes the current financial supervision mode, our country’s legal supervision system and its recent progress. Regulation specification Chinese shadow banking dispersed in the part of laws and regulations or other documents, not form a system.The third part has summarized the experience, the shadow banking supervision, including the American, EU, the financial stability board to oversee the shadow banks better and the implementation of the regulations, measures. From these regulations, the file is not difficult to see, the supervision of the main focus of reform focused on expanding the scope of supervision, improve the regulatory standards, the establishment of risk isolation belt and prevent moral hazard of these four aspects.The fourth part focuses on the present situation of legal supervision of shadow banks in our country, drawing lessons from the related regulatory reform measures on the international mainstream, proposes some suggestions to China’s shadow banks and improve the legal supervision.