Research On The Legal Regulation Of Financial Systemic Risk Prevention In China

With the rapid development of fictitious economy,the capital flow of capital market is increasing day by day.In a series of acts of securities investment,financial intermediaries play an important role,which plays a guiding role in the value orientation of investors.If investors invest in the direction of diversification,if the state of the financial market risk can be hedged to eliminate.But if under the investors in financial intermediaries to occur the convergence of investment behavior,it may be wirepuller secretly smoke,the market fell sharply,causing systemic financial risks.In this paper,through the analysis of the characteristics of systemic financial risk and the five reasons for the formation of large-scale defaults,the connotation and extension of systemic risk are introduced in detail.The negative effect of systemic risk through the research of financial institutions,to further explore the influence of financial institutions to sales of systemic risk.Specifically,this paper consists of four parts:The first part is the definition of the concept.Is divided into three aspects: first,through the introduction of foreign scholars on the "systemic financial risk concept,the concept of" systemic risk ";secondly,by the same method,defines the connotation and extension of" financial intermediaries ";finally,by comparing the way to introduce the characteristics of financial intermediaries to the sales behavior,can be seen from the protection of financial consumers and investors,particularity and necessity of the right.The second part is the problem analysis.In the sale of financial products the domestic financial intermediation as the basis,summed up the deficiencies in the financial consumer and investor protection,is divided into three points: one is the legal nature of financial intermediaries is not clear,mainly refers to the lag of legal and regulatory concept;two is the existence of the right to know the financial investor problem.Including misleading information,repeated persuasion and so on;the three is the financial consumers and investors to remedy the problems,mainly refers to the distribution of the burden of proof,investors and financial institutions scheduled period and so on.The third part is the introduction of international experience.This paper mainly introduces the legislative and practical experience of South Korea and Japan in the prevention of systemic risk.The main content of this paper is to solve the above problems.The fourth part puts forward some suggestions.The following five suggestions in this paper,in order to protect the legitimate rights and interests of financial investors,the specific contents include: one is to clear sales suitability;two is the appropriate principle to clear sales;three is a pre announcement to act;four is a clear legal responsibility to lure investors;the five is to determine the principle of burden of proof.