| Shadow banking is a relatively new concept,emerged after the 2008 financial crisis.The risk of shadow banking is gradually exposioned with the economic development of countries all over the world and the in-depth study of shadow banking by academics around the world.The supervision of shadow banking has gradually become the worldwide consensus of financial regulatory reform.Although China is less affected by the financial crisis than the Western countries,the hidden shadow banking risk has an expanding trend that cannot be ignored.Therefore,based on the status quo of China's shadow banking supervision as well as pay attention to the situation and absorb the experience of international shadow banking supervision,also prompt to reform shadow banking supervision are inevitable requirements for responding to changes in shadow banking risks.The paper's argument starts from the concept of shadow banking supervision.After the brief introduction of the basic situation of shadow banking,It focuses on the status quo of shadow banking supervision in China's legislative,law enforcement aspects as well as the judicial status in the field of shadow banking operations.At the same time,it combines the regulatory measures of shadow banking in major developed countries and international organizations in the world to examine the regulatory experience that China can learn from,and then raises advice on shadow banking regulation from the following aspects: legislation,law enforcement.And put forward how the judiciary can play its role to promote the perfection of shadow banking supervision.This is the brief introduction of the paper as follows:The first chapter begins with an overview of shadow banking.First of all,combined with the definition of shadow banking at home and abroad,clarify the connotation and extension of shadow banking;and then complete the connotation and extension of China's shadow banking from the following three aspects: the type of shadow banking,the causes of formation and the risk expression forms.The second chapter's content is to introduce the status quo of China's shadow banking supervision and the potential supervision may be expounded from the perspective of legislation,law enforcement.Firstly,a brief summary of shadow banking supervision,and then a more detailed introduction to the regulatory legislation such as the construction of the legal system,the enforcement of supervision such as law enforcement agencies,regulatory authority,the justice such as what's the courts attitude toward effectiveness of P2 P network lending and judgment influence shadow banking supervision.This part is also based on the supervision of legislation,law enforcement,and judiciary excitation to carry out interpretation of shadow banking supervision,which is more in line with the "regulation of legal issues research".The third chapter introduces the practice of the rule of law on extraterritorial shadow banking supervision.The major research objectives are developed countries such as the United States,the United Kingdom as well as international organizations such as the Global Financial Stability Board(FSB).The above countries possess relatively more developed financial systems and relatively better financial supervision systems.Explore the regulation experience from the countries positively and take a dialectical view to screen the experience which can be used in our country.The content of the fourth chapter is based on the second chapter which is the status quo of of supervision and possible shortcomings.Meanwhile,combined with the content of the supervision experience of shadow banking extraterritorial from the third chapter,it responds to China's legal issues of shadow banking supervision from three aspects of regulatory legislation,regulatory enforcement as well as supervision of justice and prompt legal advice to China's shadow banking supervision.Besides,emphasizing the regulatory concept is also an important step to prompt the construction of China's shadow banking regulatory. |
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