The Legal Research Of The Financial Administrative Regulation

In2008, the United States’ financial crisis makes people deeply realize theimportance of strengthening financial administrative regulations. All countries beginto explore methods to perfect their own legal system on financial administrativeregulations in order to make the system match the circumstances of their ownfinancial market.In view of this particular historical background, this paper discussesthe perfection of legal system on financial administrative regulations in China whichis undoubtedly important both theoretically and realistically. This paper starts with thelegal definition of financial administrative regulations as the logical starting point,then comes the world’s typical financial administrative regulation modes: TheInstitution Approach in German, the Integrated Approach in Britain, the FunctionalApproach in France, the Twins Peaks Approach in Australia and the special Approachin America. This paper illustrates the advantages and disadvantages of variousfinancial administrative regulations. This paper also combs the historical developingphases of financial administrative regulations in our country and analyzes thecharacteristics and problems of current financial administrative regulation system ofour country. This paper mainly focuses on the mode of our financial administrativeregulations including the deficiencies and problems of financial administrativelegislation, setting financial administrative licensing, the financial administrativeinspection, financial administrative punishment and the financial administrativeremedy. Besides, this paper draws lessons from the successful experience of foreignfinancial administrative regulations and systems, it combines the actual situation withour financial administrative regulation. It comes up with theoretical consummates ofour country’s financial administrative regulations from the perspectives ofestablishing and perfecting the coordinating mechanism, the information disclosuremechanism, standardizing the financial regulations and policy documents, setting upfinancial institutions market entry and improving the system of accountability andremedy.