Research On The Legal System Of The Firewall Under The Financial Mixed Operation

Financial in the global economy has a pivotal position,to provide capital support for the real economy,but also the balance of a country's economic stability,under the circumstances of economic globalization,the financial industry is increasingly tend to have synergies of mixed management pattern;The development course of China's financial industry is shorter,but with the development of a comprehensive process,at the beginning of the founding of the original mixed management pattern with the development of planned economy,has prompted frequent risk,financial industry development experience at home and abroad and banking regulatory authority under the state council draw timely decision,choose separate operation mode of domestic financial industry,industries managed and supervised respectively under strictly controlled,entered the new period,however,the financial globalization and foreign financial capital flooding situation,in the face of international capital,the competition,our country have to gradually abandon conservative choice of the mode of separated operation gradually establish a modern financial industry mixed operation mode,separate operation and supervised respectively abandoned at the same time,the financial risk,it says quietly,in the mixed management in financial risks caused by the crisis will also affect the stability of the financial market in China,the financial legislation and regulation system of the backward environment,protects the business model transformation is bound to cause the risk in series,in turn,trigger a financial crisis,this is also the state council and the national banking regulator found to the problem,at the same time of strengthening integrated competitiveness and play a scale to be reckoned with in the prevention of financial risk,although because of the financial sector is high risk,high income industry,but is the lifeblood of a country's economic development at the same time,so the financial stability,should be in the healthy and orderly development with benefit equally important,or even slightly higher than the pursuit of efficiency level;Financial firewall system as a set of restrictive rules,can from the two aspects of safety and efficiency,the escort for the modern financial mixed management, compared with western developed capitalist countries,the birth and development of our country financial firewall system are relatively weak,shorter during the development of China's financial industry,is basically all of the financial industry development stages,but mostly to the world's advanced countries in the acquisition and the import of imposing law is extended to face their own assessment of the risks of financial industry,the lack of experience,for financial protection wall system,the financial firewall system in our country's development is a gradual development process of the government guidance,although the mixed management model at present stage have actually play a role in the financial market competition,but the regulation between the financial industry is fragmented,the lack of a comprehensive balanced for mixed management in financial "firewall" system.Five parts in this paper,based on the development of China's financial industry and build an analysis of the status quo of firewall and draw lessons from foreign experience to find the perfect financial firewall system in our country concrete policies and legislative principles.The first part,mainly through the introduction to introduce the author of financial industry mixed empirical mode is introduced,and studies the firewall system consummation and so on the purpose and significance of the research status both at home and abroad,as well as the analysis of the relevant expositions of scholars at home and abroad so as to improve China's existing financial firewall system and build a perfect legal system of financial firewall.The second part,mainly introduced the financial firewall theoretical basis.Through the financial firewall system the market background and the classification of financial firewall system and function to illustrate the financial firewall mixed management in financial industry to try in our country,the development direction of financial regulation.The third part,mainly the United States,Japan,as two big contrast object,will experience outside the relevant financial firewall system,complement each other,seriously draw beneficial system worthy of learning.In mixed management in our country existing disadvantages under the situation of the financial regulatory system,through the contrast,seeking suitable for our country's financial firewall system development paradigm.The fourth part,mainly introduced our country financial industry mixed operation and the current development situation,as well as the related financial firewall system in our country in the legislative,judicial,law enforcement present situation and problems of three levels.Through legislation,law enforcement and supervision,the financial consumers and small and medium-sized shareholders protection and firewall system and synergies four specific issues such as coordination difficulties,which found that China's financial industry development level are not what make financial firewall system.The fifth part,combined with China's existing legal provisions and the outside of the relevant system,puts forward two Suggestions of perfecting our country's financial firewall system,including the legislative principle of financial firewall and its specific operation method in the practical level,which makes the law and discipline the firewall in the legal system of our country finance to complete,the financial can be more convenient and effective application in the judicial practice.For our country financial industry in the international financial mixed management trend,play to the economies of scale and guard against financial risk,the escort for the financial industry healthy and orderly development.,Always,with the continuous development of China's financial industry and evolution of regulatory plan for the country's financial characteristics also gradually produce and perfect;Financial firewall system in our country at present already had certain development,but a state of fragmentation,fragmented regulatory agencies,has also led to our country has not yet formed a complete according to the modern legal system of mixed management pattern of financial firewall.This is developing and perfecting financial firewall system in our country at present the lack of points,but also need to make up for the short board,establish and improve the financial law can provide a powerful guarantee for the healthy development of financial industry,therefore the financial firewall system needs developing and perfecting of related laws to support and guide,and the construction of financial supervision law should have a central idea,that is with the development of financial globalization,the development of China's financial industry has expanded gradually,the situation of domestic and foreign financial capital competition intensifying,seek balance in the safe and stable profits and benefits is to build and perfect the financial firewall is the most important legal system with Chinese characteristics.