Shadow Banking Law Regulation Research In China

In2008by the us subprime mortgage crisis triggered by the global economic andfinancial system of the international financial crisis hit, shadow Banks "blame". Thecrisis has fully exposed the complexity of the shadow banking system, vulnerabilityand difficult to regulation.2009years later, with the liquidity crunch, shadow Banksscale expands unceasingly in our country, pay the water rapidly, caused a high-level,academia, media and even the ordinary people’s attention. There is little doubt thatshadow Banks can not only greatly improve the efficiency of the financial industryincluding traditional banking operation, but also in promoting the marketization ofinterest rate in our country, play an important role in regulating market liquidity, butalso there is a huge risk. At present, about the connotation of the shadow bankingsystem, function, scale, structure, the definition of the risk and shadow banking isnand, crime and punishment, hydrophobic and plugging, suppression and caresses,point of view. Anyway, to strengthen the legal regulation of the shadow banking hasbecome China’s financial world one of issues and problems.Therefore, it is necessary to the overall inspect the inner logic of thedevelopment of the shadow banking, discern which contains the vulnerability and risk,foresight, the flexibility to build scientific and reasonable legal governance systemand framework, standardize the behavior of the shadow banking, develop andimplement appropriate reforms, so as to maintain the stability of the financial system,promote the financial innovation, is an important subject deserving of study in, havevery important theoretical and practical significance.Because of the financial market structure and implementation of regulatorypolicy differences, shadow Banks in China and the west shadow Banks have biggerdifference, excessive innovation is the product of financial repression. This articlefirst define the concept of shadow banking in our country, points out that its type andanalyze its characteristics, comprehensive analysis of the positive role and negativeeffect of shadow banking, deep points out its emergence and development in our country has a profound historical background and realistic reasons, the shadowbanking system is discussed in the position and role of the modern financial industry.This article in view of the global financial crisis exposed the flaws of the shadowbanking regulation law, based on the new trend of the shadow banking development,illustrates the current regulation of the shadow banking laws in the regulatory lawsand supervision target, regulatory mechanism, regulation means, the main problemsof supervision system, etc. The article summarize and draw lessons from thedeveloped countries such as the common law and the financial stability board, theEuropean Union and other international organizations in shadow banking regulatorylaw beneficial experience, described the experience enlightenment for our country. Inthis paper, with particular emphasis on the legal regulation, in principle, should notonly focus on safe operation of the financial, also should pay attention to theefficiency of the financial, borrow the machine of the development of the shadowbanking promote the marketization process of financial innovation and financialindustry. This paper respectively from the perfect law, the top design, the building asupporting system for the safety aspects of optimization Suggestions andcountermeasures are put forward.