Study On The Legal Problems Of Financial Law In The Local Debt In Our Country

Along with a series of reforms and economic and social development in our country,the problem of local debts has constantly arisen and intensified,gradually shifting from the backstage to the front of the stage.Among the sources of local debt,a large proportion of the financing obtained from various financial institutions.The governance of local debt is not only the control of the government's debt,but also the control of the financing of financial institutions.At present,there are few papers on solving the problem of local debts from the perspective of financial law,and the paper draws lessons from the current research results,at the same time with my own thinking,try to start from the perspective of financial law,to find the financial law in the regulation of local debt deficiencies,and propose appropriate solutions to the problem in order to contribute to the solution to local debt problems power.The paper starts from the perspective of local debt of financial law regulation,which is divided into three parts altogether.The first part is based on the definition and reason of local debt,and the paper systematically explain the specific concept of local debt and its own characteristics and its formation of reasons,at the same time,pointed out the necessity of local financial regulation of debt.The second part first clarifies the status of the local debt of financial regulation,clarifies the laws and regulations,rules promulgated by the Central Government to restrain the risks inherent in the local debt and resolution.Next,it pointed out the shortcomings in the local debt system of financial regulations,including the lack of legal means for local financing,the financing of local abuse of financial power,the lack of financial regulatory institutions for financing institutions,and the lack of financial regulations for the replacement of local debt.From the perspectives of institutional design,power distribution,financial supervision,and legal regulation,the existing problems are posed.The third part is the solution to the above problems.First of all,from the perspective of system design,this paper proposes to give the local government an independent right to issue debt,subdividing the establishment of local government bonds in financial law,improving the specific system of local government bond issuance,and actively cultivating the local bond market.Secondly,from the point of view of power distribution,this paper puts forward the legal regulation to strengthen the power of local financing,which is divided into two parts: the legislation confirms the part of financial supervision function of local government and the establishment of a unified financial responsibility system.Next,from the perspective of financial supervision,it is proposed to strengthen the regulation of financial institutions on financial institutions,which is subdivided into two aspects: the improvement of the legal regulation of the financing of financial institutions and the promulgation of the bankruptcy provisions of financial institutions.Finally,from the perspective of legal regulation,it proposes to perfect the financial legislation related to the local debt exchange,subdivided into two aspects: financial rule of law,regulation of the process of local debt replacement,improvement of relevant regulations,and ensuring the independence of the central bank.