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Research On Legal Regulation Of Internet Financial Risk From The Perspective Of Risk Law

Posted on:2020-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:M Y LuanFull Text:PDF
GTID:2416330605455549Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the continuous penetration of the Internet into people's lives and the continuous development of the financial industry,Internet finance has emerged.While Internet finance provides convenience for people's lives,it also has a certain negative impact on society.Due to the complexity of Internet technology itself and the high risks inherent in finance itself,the Internet financial risks are self-evident.This paper compares the advantages and disadvantages of administrative management methods and legal regulation methods,and finds that it is most desirable to use legal regulation to prevent Internet financial risks.This paper then analyzes the status quo of Internet financial risk legal regulation,including the status quo of legislation,the status quo of law enforcement and the status quo of justice.Through the collection of existing systems,it is found that the system of Internet financial risk regulation is scattered among various laws,regulations and normative documents.China does not currently have a complete legal norm regulating Internet financial risks.From the status quo of law enforcement,it can be found that there are still some undocumented and false filings in the market.The social credit regulations have been issued,but no perfect social credit system has been formed.The status quo of the judiciary is also very serious.Due to the continuous occurrence of Internet financial risks,the number of cases that have flooded into thecourts has gradually increased,and only through the courts to solve Internet financial cases,there are obviously some“powerless”.Based on the analysis of the status quo of Internet financial risk legal regulation,this paper finds a series of problems,mainly because the legal system is imperfect,including the unclear legal responsibility system of each subject,the lack of financial security system and the market exit system.In terms of law enforcement mechanisms,the commentators found that the market access system was not implemented strictly,and the construction of the credit information system was not well implemented.The law enforcement methods did not adapt to the development of the Internet financial market.In terms of judicial mechanism,the existing dispute resolution mechanism can not solve the existing Internet financial incidents well,and there are serious flaws in judicial initiative.Subsequently,starting from the improvement of the Internet financial risk legal regulation system,through the establishment of a clear responsibility system,capital security system,market exit system to improve the system,through the implementation of a strict market access system,severely investigate and deal with illegal investment and financing behavior,learn from and Innovate law enforcement means to improve the supervision and management system,and fully exert judicial initiative by constructing non-litigation dispute resolution methods,cultivating professional talents,establishing specialized courts,andexerting the guidance of individual judicial decisions and judicial interpretations.In summary,the use of legal regulation can achieve comprehensive regulation of Internet financial risks.
Keywords/Search Tags:Risk rule of law, Internet financial risk, Regulatory risk
PDF Full Text Request
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