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Research On The Legal Supervision Of China's Shadow Banking

Posted on:2019-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y QinFull Text:PDF
GTID:2416330548975484Subject:Law
Abstract/Summary:PDF Full Text Request
Shadow banking is an emerging economic model that mimics the traditional banking business.It is a product of the rapid development of the world economy.However,due to the lack of effective supervision,shadow banking can easily cause financial risks.The financial tsunami in 2008 was precisely due to the proliferation of shadow banking,and the government did not establish a timely and appropriate regulatory governance model.Its drastic expansion triggered an economic bubble and led to the collapse of the world economy chain.In response to the far-reaching subprime mortgage crisis,the world's economic executives – the United States has introduced the most stringent financial supervision act to comprehensively supervise shadow banking,strengthen financial products,and supervise credit rating agencies to protect financial consumption.The legitimate rights and interests of the people and the purpose of stabilizing the financial order.Although China was not strongly impacted by the economic crisis in 2008,with the rapid development of the economy and the growth of per capita disposable income,shadow banking has rapidly expanded in China's financial market in a few years.In order to prevent the recurrence of the financial crisis,the Chinese government has rushed to introduce a series of shadow banking supervision measures.Regrettably,in recent years,the regulatory system has mostly been suppressed rather than regulated,and the “one size fits all” rigid supervision method has promoted the secret growth of shadow banking.This also shows that China's shadow banking regulatory framework still needs to be built.With the formation of the "one committee and two meetings" supervision model after the two sessions,the "one-and three-member" supervision model has become history,highlighting the Chinese government's determination to stabilize the financial order and return to the financial origin.However,due to the lack of success,the new regulatory model still has a sound caliber,and it is necessary to further explore and optimize China's shadow banking legal supervision.The full text is divided into four parts.The first part is an overview of legalsupervision of shadow banking.This part is the basis of writing and is the starting point of logic.The historical analysis method will be used to explore the origin,concept and development stage of shadow banking,and the shadow banking as a whole will be analyzed to lay the foundation for the next discussion.The second part starts with the status quo of China's shadow banking supervision.Under the premise of exploring the status quo of China's shadow banking legal supervision,based on an in-depth analysis of this aspect,we find out the problems in China's shadow banking legal supervision system.The third part is extraterritorial reference.By studying the countries or international organizations with relatively mature regulatory systems,taking the United States,the United Kingdom,and the Financial Supervisory Council as examples,the three types of regulatory models are listed,their regulatory paths are explored,and the successful shadow banking supervision experience is summarized and summarized.Learn from the program.The fourth part is based on the above three parts,aiming at the inadequacy of China's shadow banking,it proposes a sound legal supervision over China's shadow banking,from the establishment of regulatory principles to the clarification of regulatory objectives,to the establishment of a regulatory path,and gradual progress.We will improve the concept of legal supervision of shadow banking in China in order to help supervise the shadow banking in China.Therefore,based on the comprehensive analysis of the status quo of China's shadow banking development,this paper analyzes the deficiencies in the supervision measures and draws lessons from the law supervision experience of foreign shadow banking through the comparative law.Under the background of a new round of economic reforms,we have discovered trends.The Optimized Path of China's Shadow Bank Legal Supervision.
Keywords/Search Tags:Shadow banking, Legal supervision system, One party and two sessions
PDF Full Text Request
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