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The Regulatory Path Of Informal Financial Risk In Our Country

Posted on:2017-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:X F HeFull Text:PDF
GTID:2336330488977942Subject:Law
Abstract/Summary:PDF Full Text Request
The informal finance,as a kind of endogenous financial phenomena and with it's operating rules,can be widely recognized by society and keep the new vitality with the development of social economy,for it can meet the financing needs of small and medium-sized enterprises,convenient people's daily life and provide for the social idle funds investment channels.However, the informal finance has brought lots of financial risks which are out of control in recent years because of its risks and long-term lack of suitable national legal supervision,as a result,it causes huge losses to the state and the society,and draws great attentions of the government. At present,academia has produced a large number of researches about the informal financial risks, but few studies are from the perspective of local custom rules. The customary law, as a form of civil society order arrangement,has profound practical value and practical significance in regulating people's behavior and prevent informal financial risks, which is often ignored by people.Therefore,I want to try to make up for the vacancy and explore the regulation of private financial risk path with the perspective of the interaction between national law and customary law,so as to achieve the effective control of informal financial risks.The first chapter as the introduction part introduces the background of this research topic.The background is that the informal finance in our country is in a very serious situation.The second chapter point out that we should pay more attention to the value of the local customary law from the view of the regulatory practice and academic circles of informal financial risks, and then raise the interaction between the national law and the customary law and make analysis of the theory.The third chapter introduces the informal financial risk, including its concept, characteristics and form of expression.The fourth chapter analysis the reasons of informal financial risk from the subjective aspect and objective aspect separately,and then expounds the negative influence of the risk.The fifth chapter analysis the conflict or interactive situation between customary law and national law, and then put forward specificregulatory path respectively from the angle of the legislative, judicial and law enforcement.The last chapter is to summarize the full text.However,it tells us that both customary law and national law are very important,we should attach great importance to the value of the customary law in order to make effective control of financial risk under the interaction between the national law and the customary law.
Keywords/Search Tags:informal finance, financial risk, customary law, national law
PDF Full Text Request
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