Font Size: a A A

Legal Research On The Asset Management Plan Look-through Supervision

Posted on:2020-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y D RenFull Text:PDF
GTID:2416330578951194Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the rapid development of China's asset management industry in the era of big asset management,the innovation of asset management plan and the continuous rise of industry scale have played an active role in widening the investment channels of residents and optimizing the social financing structure.While it has strong advantages,the asset management has triggered a series of market chaos,such as channel business,multi-layer nesting,rigid payment,unclear leverage and so on.The development trend of mixed operation of the asset management industry has also brought great impact to the existing financial supervision model,significantly increasing the systemic risk of the whole financial system.Because the current financial supervision system,which is mainly based on the institutional supervision mode,is difficult to realize the whole process supervision of the asset management plan,and cannot resolve the financial risks of the whole asset management industry.In order to crack regulatory problems,and solve the industry market chaos,the look-through supervision comes into being.The look-through supervision emphasizes breaking through the complex asset layer and many intermediate links in order to find out the essential attributes of the capital management products and realize the substantive and effective supervision of the asset management plan.Only by realizing the legal construction of the look-through supervision of the asset management plan can we solve the practical problems of regulatory vacuum,regulatory overlap,regulatory arbitrage,so that we can strengthen the overall coordination of financial supervision,and ultimately better serve the real economy.Therefore,in view of the above situation,this paper regards the look-through supervision of the asset management plan as the main thrust and focus of the research.The thesis is divided into three parts:The first part mainly analyzes the legitimacy of asset management plan look-through supervision through the theoretical level.On the basis of defining the concepts of asset management plan and look-through supervision,the essay demonstrates the practical operability of implementing look-through supervision of asset management plan from the perspectives of necessity and feasibility.The secondpart discusses the legal obstacles of introducing look-through supervision to asset management plan.The current financial regulatory system leads to a single supervisor,the regulatory object of asset management plan is not clearly defined,unclear financial market information leads to regulatory technical problems,the expansion of discretion by the regulatory authorities violates the legitimate rights and interests of the parties,these legal issues have seriously hindered the introduction of look-through supervision by the asset management plan.The third part addresses the above legal barriers of asset management plan look-through supervision,by establishing basic principles of look-through supervision,establishing a multi-integrated look-through supervisor,refining the object of look-through supervision,improving the look-through supervision information disclosure mechanism and constructing the judicial remedy procedure of look-through supervision five aspects to realize the legal construction of asset management plan look-through supervision.I hope this article can promote the vigorous development of China's asset management industry and provide some inspiration and reference for financial supervision practice.
Keywords/Search Tags:Asset management plan, Look-through supervision, Financial supervision, Information disclosure
PDF Full Text Request
Related items