Legal Research On The Supervision Of Shadow Banks Under The Perspective Of FSB

Since the subprime mortgage crisis,all countries have been struggling to find the cause of the crisis,and the "shadow bank" has slowly entered people's perspective.From the beginning to the people's knowledge,to the gradual understanding,exploration,and the introduction of various regulatory measures,shadow banking has attracted the attention of regulators and scholars.At the international regulatory level,although the Financial Stability Board(hereinafter referred to as the "FSB")coordinates the work of major national financial institutions and international standard setting organizations in the international arena,it develops and promotes effective supervision and supervision of other financial sector policies.The implementation was targeted,but the FSB was given the shadow banking international regulatory coordination function at the Group of 20(G20)London summit.Subsequently,the FSB issued a number of reports in a timely manner to provide a more comprehensive description of the shadow banking system,including the connotation,type,and risk of shadow banking,and proposed some regulatory principles and specific regulatory measures to promote international supervision of the shadow banking system.This paper mainly selects FSB and its members as the research object,focusing on the regulatory framework proposed by FSB for shadow banking,and summarizing the compliance of its members with the shadow banking supervision system.First of all,to understand the international understanding of the different definitions of shadow banking,to further introduce the FSB's definition of shadow banking and to illustrate some of the international consensus;to elaborate on the necessity of international supervision of shadow banking in light of the characteristics of shadow banking itself.Investigate the role of FSB in the international supervision of shadow banking.Secondly,by studying the "legislation" subject,"legislative" basis,and "legislative" procedures of the FSB,it was found that it has certain "legislative" features;at the same time,it summarized the regulatory measures of the FSB in the shadow banking system in recent years and studied it.Framework of regulatory ideas,regulatory principles,and regulatory priorities.Because the regulatory policy proposed by the FSB is "soft law" and does not have legal binding force,it cannot enforce compliance by all member states.Therefore,based on the FSB assessment report,this article summarizes the compliance of its members with the FSB regulatory system.On this basis,it is divided into three levels: full compliance,partial compliance,and refusal to comply.Then,it analyzes the process of FSB's evaluation of its members and some of the measures it has taken,and puts forward some ideas on how FSB can better conduct international supervision.Finally,it elaborates the problems existing in China's shadow banking,analyzes the differences between China's shadow banking and developed countries,summarizes China's compliance with the FSB shadow banking supervision system,and based on the development of shadow banking in China,combined with the FSB regulatory system,proposes corresponding It is hoped that we can do our utmost to the legal regulation of China's shadow banking.