Study On The Specialization Of Financial Trial Organization

The financial industry is a professional industry that makes the relevant financial disputes unique.As social development financial transactions become more complicated,financial disputes have also shown an “explosive” growth momentum,and courts are facing enormous trial pressure.However,financial disputes are highly professional,and the general expertise of judges is relatively lacking,which has brought great inconvenience to financial trials.In view of this,the establishment of a specialized financial trial organization was proposed as a solution.The professionalization of trial organizations has been frequently mentioned in recent years,but the professionalization of financial trial organizations has received limited attention,and many basic issues have not yet been answered.However,the specialization of financial trial organizations has been put into practice.This kind of specialized trial organization setting is worthy of systematic research.This article will start from two aspects of theory and practice,with a view to provide a practical analysis of the future of financial trials to provide practical advice.In addition to the introduction,this article is divided into four parts:The first part is about the general framework for the specialization of financial trial organizations,including the conceptual explanation and theoretical basis for the specialization of financial trial organizations.It is part of the theoretical analysis of the special setting of financial trial organizations.This paper expounds the legitimacy of the specialization of financial trial organizations from three aspects: the professionalism of financial trials,the efficiency of financial trials,and the supervision of financial trials.The second part specifically examines the practical experience of the specialization of China's financial adjudication organizations,and focuses on analyzing the autonomous experiments of financial courts set up by local courts in Shanghai,Henan,Zhejiang,and Chongqing,including their institutional layout,staffing,scope of acceptance,trial mechanism and other aspects.It also found that there are problems in the current practice,such as the lack of legal basis,institutional disorder,and lack of professional competence.The third part is about the experiences of countries and regions outside the territories on the specialization of financial adjudication organizations,including the Financial Services and Markets Tribunal of UK,the Financial Services Tribunal of the Grand Court of the Cayman Islands,the Financial Tribunal of Taiwan Province of China,and the Financial Special Court of Almaty.The relevant experiences can be learned through the introduction of relevant organizational settings.The fourth part discusses the future development of the specialization settings of China's financial trials organizations,that is,the specific recommendations for setting up specialized financial trials organizations in China.Mainly from the three aspects of improving the top-level design of China's specialized trial organization construction,constructing the specific framework of China's specialized financial trial organization,and strengthening the practical guarantee of the operation of China's specialized financial trial organizations.This includes specific recommendations on legislative guarantees,institutional setting standards,scope of accepting cases,and enhancement of professional capabilities.This article hopes to promote the continuous improvement of China's financial trials.