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The Inquiry Of Chinese Securities Regulatory Settlement Mechanism

Posted on:2016-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ZhuFull Text:PDF
GTID:2296330467476547Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The development of Chinese securities market has led us to the stage of instituting a reconciliation system in securities regulation. However, up to now, China has not yet promulgated an Administrative Procedural Law, and the Securities Law has not adopted it as an integral part. The establishment of the reconciliation system, as an innovation of securities regulation, provides an extra means for settling disputes in securities regulation; and it is actually application of administrative reconciliation in securities industry. This paper, from the perspective of administrative law and by resorting to the theory of administrative reconciliation, contrasts the differences between the reconciliation systems home and abroad, looks into the conditions of the securities regulation, and offers some suggestions for the construction of a reconciliation system of securities regulation in China. This paper is divided into four parts.The first part analyzes the content of the system and its difference from other system, the author makes it clear that the securities regulation legislation shall be worked out with clear authorization.The second explores the necessity of setting up a reconciliation system in regulating Chinese securities industry. Through protecting the benefits of medium and small investors, constructing service governments, such a reconciliation system is to realize its ultimate purpose of dissolving social conflicts and achieving social harmony.The third part is the theoretical analysis of implementing such a system in Chinese securities industry on the basis of consultative democracy, balance theory, the theory of good governance, game theory. In addition, it discusses the administrative review, administrative compulsory execution, and administrative legislation, which are the domestic practical foundation for the reconciliation system of the securities regulation. The comparison of the reconciliation systems in US, UK and Hong Kong SAR provides practical experience of reconciliation system from abroad.The last part deals with the construction of a reconciliation system of securities regulation in China.And then further points out the principles to follow in the operation and application of such a system. While devising the program, the author clarifies the procedures of initiating, conciliating and decision-making, deliberates the contents and effects of the system, and finally elaborates the supervision and information disclosure in the actual practice of the system.
Keywords/Search Tags:Securities Regulation, Conciliation, System Construction
PDF Full Text Request
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