Research On The Regulation Of Financial Products In Capital Pool

Financial supervision is an important guarantee for maintaining the healthy and stable development of the financial industry.Capital pool financial products as the object of financial supervision,its regulatory compliance is of great significance to maintaining financial stability,preventing systemic risks,harmonizing the rules of the pool of funds,and protecting financial consumers.As the financial policy in recent years,relatively relaxed,capital pool financial products market growth,increasing the number of products,increasingly rich types,becoming one of the important wealth management tools.Because it can avoid supervision and rapid development.As the corresponding financial and legal system is not sound enough,capital pool financial products,the duration of mismatch,pseudo-hosting phenomenon,not to be independent accounting and other defects also highlights.Gradually,“rolling sale,set operation,the duration of mismatch,separation pricing”features are appeared.In practice,capital pool financial products related transactions,assets and liabilities of the double table outside the financial information disclosure not sufficient and other issues are not uncommon.In view of the above situation and problems,the existing financial regulatory laws and regulations on the capital pool financial products is difficult to effectively regulate the non-compliance.Faced with the new situation of the capital pool financial products,how to understand the essence and characteristics of the capital pool financial products,which is one of the difficult problems to be solved urgently to solve the problem of the development of financial resources.Based on the discussion of the main contents of the capital pool and the main contents of the regulatory regulation,this paper combines the characteristics for “rolling sale,set operation,time mismatch,separation pricing” and current situation of the capital pool.The emergence of practical problems to carry out legal reflection,learn from foreign experience,and finally put forward suggestions for improvement.In addition to the introduction and conclusion,the paper is divided into four parts:The first part defines the concept of the capital pool and compliance regulation from the aspects of the causes of capital pool,and analyzes the two related concepts of the capital pool and other financial products,summarizes the development status of the capital pool financial products and the main content of compliance regulation.In this paper,the financial pool offinancial assets is defined as a class of capital investment and management plan for the separation and pricing of the bank through the rolling sale period,without reasonable valuation,no independent accounting,and the actual rate of return corresponding to the underlying asset.Finally,combined with the concept of the capital pool financial products of the four salient features.The second part analyzes the problems existing in the capital pool financial products.At present,the rapid development of China's capital pool financial products,the capital pool financial products of bank accounts for all the proportion of extra-table financial products,the proportion of more than half.The problems in the field of the capital pool financial products include: can not be independent accounting,independent trust is not valued,assets and liabilities of the double table outside the information disclosure is not sufficient and other urgent legal issues.The third part briefly introduces the foreign experience of the capital pool financial products,including:to establish a comprehensive risk prevention and control system,as soon as possible to establish a unified credit system,the establishment of specialized institutions to monitor the risk of financial products such as the experience and inspiration.And then combined with the current lack of regulatory system of capital pool compliance,led to the fourth part of the perfect proposal.The fourth part puts forward the concrete suggestion of perfecting the compliance regulation of the capital pool financial products.At this stage to improve the capital pool financial products,regulatory compliance should change the regulatory approach and ideas.First of all,independent accounting accounts,the integrated use of the fit of the organization,the viable financial rules,complete system data and other elements of financial accounts for accounting accounts.Second,to strengthen the capital pool to solve the problem of puppet management ubiquitous;to strengthen the financial management of off-balance sheet financial management products to make up for the lack of off-balance sheet business.Again,to ensure that information disclosure is sufficient to fully protect the financial consumers the right to know and legitimate rights and interests.Finally,to strengthen financial regulators between the capital pool regulation policy and behavior coordination.Integrating the “One Bank and Three Commissions” as the main representative of the financial regulatory system,setting up financial supervision and coordination of the Office of the policy and behavior of coordination,which will form a unified rules of the capital pool financial products.It is hopedthat these proposals will provide some reference for solving the above problems.