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The Implications Of The International Legal Supervision Of Shadow Banking To China

Posted on:2018-07-19Degree:MasterType:Thesis
Country:ChinaCandidate:H LinFull Text:PDF
GTID:2416330536975470Subject:Law
Abstract/Summary:PDF Full Text Request
The shadow bank has been in existence for a long time and has long been operating in financial markets,but has not been understood by the public until recently into the public's attention.The birth of the shadow bank belongs to the innovation of the financial market,but because of its innovative type makes it easier to circumvent supervision.In the context of today's economic globalization,capital is no longer confined to domestic flows,and more transnational capital flows,and capital flows are also favorable for shadow banks to circumvent regulation and regulatory arbitrage.In recent years,the market position of the real economy has gradually declined,and gradually began to be transcendent by the virtual economy.Because of the fundamental difference between the real economy and the virtual economy,if the legal rules that constrain the real economy are applied in the virtual economy,So the virtual economy is more need for a tailor-made rules to achieve the prevention of financial crisis.For this reason,the state of the virtual economy that the shadow bank of the establishment and improvement of the regulatory system has a very important practical significance.It is based on the importance of the supervision of the shadow bank and the seriousness of the consideration,this paper will be the latest State Council issued No.107 document,the analysis of the world's major countries on the shadow bank regulatory experience and regulatory framework design,and ultimately return to the country The current situation of the domestic shadow banking system of the regulatory system and framework design.In this paper,the starting point of view from the macro micro-two-level drive together.First of all at the micro level of detailed analysis of the Financial Stability Council,the United States,the European Union,the United Kingdom in their respective areas of professional shadow banking regulatory reform and recommendations,and strive for the domestic shadow bank regulatory reform to provide reference;on the other hand from the macro level This paper puts forward specific suggestions from three aspects: the main body of supervision,the object of supervision and the content of supervision,as well as the current situation of the domestic shadow bank and the current situation of supervision and the loopholes in supervision.This paper is divided into three chapters.As the shadow bank is a new concept,the world countries do not have a unified understanding of this emerging concept,so they have their own views and definitions,so the first chapter of this article will introduce and explain the financial stability of the Council and the International Monetary Fund The definition of bank bank,and according to the development of China's domestic shadow banks to choose the appropriate definition of China,in order to lay the foundation for the study of shadow banks.In addition,the chapter will analyze the risk of shadow banks and their composition.Chapter two plays an important role in this paper.The chapter mainly analyzes the international legal supervision and analysis,and analyzes the international financial stability board,the United States,the European Union and the British on the shadow bank of the regulatory experience and regulatory framework design.First of all,it analyzes the supervision idea and the concrete suggestion of the financial stability board as the international leading agency of the shadow bank to the shadow bank.Secondly,the United States,the European Union and the United Kingdom on the shadow bank regulatory measures,and analysis.The third chapter is the focus of this article and innovation.On the basis of the above analysis,the third chapter puts forward some suggestions on the status quo of shadow banks in China.The paper analyzes the current supervision system and its loopholes in the domestic shadow bank,and then provides concrete suggestions for the improvement of the shadow bank in China from three aspects: the subject of supervision,the object of supervision and the supervision.
Keywords/Search Tags:Shadow Banking, Regulatory Framework, Legal supervision and management, Financial Supervision
PDF Full Text Request
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