Theory Of Financial Regulation In The Judicial Intervention Based On The Perspective Of Activist

At present, China’s financial industry is developing rapidly, has been formed withcommercial Banks as the core of modern financial system. But there are manyproblems due to the financial supervision mode, resulting in the improvement of thefinancial risk in our country, such as financial crime, financial distressed debttransfer disputes, disputes over financial claims, etc. At present, financial supervisionand regulation mainly rely on the supervision of the relevant administrative authority,in the process of supervision on financial industry lack of a reasonable and effectivecoordination mechanism, regulatory content is not outstanding, regulatory content isnot comprehensive, regulatory means relatively backward, regulatory rely too muchon the administrative examination and approval and site supervision, whichobjectively constituted the status quo of the present stage our country financialregulation problems, also makes the financial regulation can not adapt to the needsof the development of modern finance.In this paper, it is, the judicial intervention in the financial supervision isbecoming a more and more valued model of regulation, is also a trend in thedevelopment of today’s financial regulation. In the process of judicial intervention infinancial regulation, need to discuss is the judicial power and financial supervisioncoordination problem of executive power, and how to restrain active judicial powertend to abuse the problems in the judicial process. In our country, financialregulation research mainly focused on how to better the administrative organ on thebehavior of the supervision and management of financial institutions, is not the truesense in practical extent discuss judicial intervention effect on financial regulation.And active justice as the latest introduction of philosophy of law, can bring financialjudicial supervision to a certain extent, is worth further study.