Research On The Legal System Of Shadow Banking Supervision In China

After the outbreak of the international financial crisis in 2008,the shadow bank has aroused widespread concern at home and abroad.In recent years,China has entered a critical period of economic transition.In this environment that financial control is not fully liberalized and the traditional financial institutions is difficult to meet the diversification of the financing needs of the real economy,the shadow bank came into being and the scale continues to expand.But the risk behind the prosperity and development gradually highlighted,has posed a serious threat to financial stability,for which the domestic and international academic community reached a general consensus to the United States,the United Kingdom led by financial power are calling to strengthen the shadow bank legal supervision,prevention system Sexual risk.However,the shadow banks around the world are very different:how to define it,what characteristics and specific forms of expression and other aspects of differentiation is obvious.We must explore the legal system that suits our own country.In January 2017,when Premier Li Keqiang attended the World Economic Forum,he said that the Chinese government would pay great attention to the shadow bank,with the aim of putting it as much as possible within the scope of supervision.Therefore,on the basis of comprehensively analyzing the present situation of China's shadow bank,this paper tries to standardize the risk of shadow bank from the national legal supervision level,so as to effectively control the risk and maximize the positive role of the shadow bank,and ensure the healthy and stable development of financial markets.The paper is divided into four parts:The first part of this paper is the general theory of the legal system of shadow banking supervision.This part is the logical starting point of the study.The comparative analysis method is used to define the shadow bank both at home and abroad,and the characteristics of the shadow bank in China are described in detail from the perspective of pros and cons.The Finally,from the perspective of political science,economics and law and economics,this paper expounds the theoretical basis of legal supervision of shadow banks in China,and reveals the legitimacy and importance of shadow bank law.The second part of this article is a comprehensive description of the status quo from the regulatory system,the main regulatory regulations and the recent initiatives three aspects of China's shadow banking regulatory legal system to.On the basis of this,the paper analyzes and summarizes the shortcomings of China's current regulatory concept,supervision mechanism,supervision laws and regulations and related system design,and points out the direction of improvement.The third part introduces the practical experience of the legal supervision of shadow banking in Europe,America and FSB,and analyzes the revelation of our country on the basis of the comparison of the reform of the regulatory legal system in each country,and provides valuable referencefor the improvement of the legal system of the shadow banking supervision.On the basis of the introduction of the third part of the experience,this paper puts forward some suggestions on perfecting the legal system of shadow banking supervision and puts forward the prospect of the future legal supervision of China 's shadow bank from the three aspects of changing the concept of supervision,perfecting the supervision laws and regulations and perfecting the relevant system design.