Research On Legal Supervision Of Shadow Bank

The rapid development of financial innovation promoted the shadow banking. it is an important complement to traditional financial system. However, the shadow banking is not subject to strict regulation. After the outbreak of the financial crisis, Europe, the United States and other western countries to realized the significance of the shadow banking supervision, embarked on regulatory reform, the introduction of a series of regulatory measures. Although China did not suffer the impact of the financial crisis, but the United States and Europe regulatory reform experience is of great significance to construct our country’s financial supervision system. The paper consists of four chapters:The first chapter analyzed the connotation and extension of the shadow banking. The first chapter summarized the characteristics of the shadow banking and the influence of shadow banking. Shadow banking has a positive impact on the financial system, which is also the reason why the legal supervision. The negative influence of the shadow banking regulatory requirements must be on the implementation of supervision. In addition, this chapter also analyzed the main risks of shadow banking in the business activities, and discussed the important meaning of the shadow banking supervision.The second chapter introduced the status of legal supervision of shadow banks in China and the existing problems. Including the legal regulation problems: regulatory model of the problem is that the internal control mechanism is not perfect, lack of legal supervision mode, and supervision mode can’t meet the reasonable and effective financial innovation and other issues; the contents of the supervision problem is lack of regulatory system, the lack of risk monitoring and early warning mechanism, the lack of supervision afterwards relief system; the problem is that there is no scientific concept of supervision, financial supervision institutions is lack of independence.The third chapter expounded the UK, Japan and USA their shadow banking legal supervision status before the financial crisis, and analyzed the legal regulation of the three countries exposed during the financial crisis, and the occurrence of financial crisis, the UK, Japan and America in its own legal and regulatory reform practice. And it pointed out that inspired china about the international regulatory measures on the shadow banking regulatory reform.The fourth chapter o puts forward the corresponding improvement suggestions. Mainly includes: strengthening cooperation between regulatory independence and the establishment of functional supervision, and the supervision of the department; improving the internal control mechanism, and strengthening the organization and supervision of foreign regulatory authorities and international communication; establishing a complete financial supervision laws and regulations, establishing a financial risk monitoring system and risk warning mechanism.