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Value Orientation Of Financial Regulatory Legal System

Posted on:2021-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:L ZouFull Text:PDF
GTID:2416330620965895Subject:Law
Abstract/Summary:PDF Full Text Request
Since China joined the WTO in 2001,China's financial market has developed rapidly and the opening of the financial market to the outside world has become an irresistible trend.With the continuous progress of RMB internationalization,the demand of foreign investors to enter China's capital market is also increasing.China's financial supervision still focuses on preventing systemic risks and maximizing public interests,and the market financial regulation has a strong color.However,the problems such as how to coordinate and cooperate the supervision mechanism under the framework of protecting the interests of financial consumers,restricting the power of the regulated and the supervision of separate industries have not been well solved.Financial supervision has been in a vicious circle of "disorder control cycle".How to break the cycle and find the value direction of regulatory legal system is a fundamental problem in the construction of China's financial regulatory legal system.Based on the background of the Asian financial crisis and the value orientation of China's current regulatory law,this paper analyzes the content of QFII legal supervision and designs the legal value balance mechanism of China's financial supervision through QFII legal supervision.The characteristics of this paper are as follows: firstly,the orientation of value orientation in the historical development of financial supervision in China is sorted out,and then the value orientation of the current legal system of market supervision is analyzed.Then one of the important way to introduce foreign investment in the perspective of QFII system,through to our country financial regulation and historical development in today's financial regulation value orientation,content of prudential supervision to discuss how to effective continuous influx of foreign capital in China securities market regulation,finally to explore the value of financial law supervising and balance and value balance mechanism design,namely perspective,from the value of the method by a set of mature legal value idea do boot,and then clear direction of the future financial supervision legal system of supervision and protection,explore the mechanism of financial supervision law value balance.In addition to the introduction and conclusion,the main text of the paper is splited intothree parts:The first of the body analyzes the development process and legal system construction process of China's financial supervision over the years,and clarifies the current value orientation of China's financial supervision law,laying a foundation for the following discussion.The second part is an introduction to relevant theories of QFII system.Starting from the macro-prudential principle of legal supervision of QFII,the author explores the value orientation of relevant regulatory laws based on the content of macro-prudential supervision--market access supervision,continuous on-site supervision and exit supervision,as well as auxiliary supervision between custodians and international organizations.The third part is the value balance mechanism design of the financial regulation law.Through the theoretical discussion of the value balance mechanism design,the author expounds the value balance mechanism design of the financial regulation law from the perspectives of the capital investment period,the reality of separate supervision and the protection of financial consumers.From the perspective of the content of QFII legal supervision,this paper,on the premise of clarifying the value orientation of China's financial supervision law in the past and at present,discusses the value orientation theory,and proposes the legislative parties and value choices to be followed in the future legislation of financial supervision.
Keywords/Search Tags:the QFII system, Financial regulation, Value proposition
PDF Full Text Request
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