Research On The Legal System Of Supervision Of Financial Holding Company

With the emergence of world economic globalization,financial holding companies have broken through the traditional business scope and diversified their business.In this context,there is a heated discussion on the operation and supervision of financial holding companies in the theoretical and practical circles of our country.The voice of relaxing the restrictions on separate business operation and the voice of bringing financial holding companies into the legal supervision come one after another.By observing the historical development path of financial holding companies in Britain,Japan,the United States and other countries,it can be found that the change of financial holding regulatory system in these countries is almost without exception starting from the reform of legal system,and financial conglomeration is accompanied by the improvement of financial legal system.On July 26,2019,the people’s Bank of China announced the Trial Measures for supervision and management of financial holding companies(Draft for comments)on its official website,which made provisions on market access permission,corporate governance and transaction,risk "firewall" and other aspects of financial holding companies,indicating that the Chinese government has made efforts to strengthen the management of financial holding companies.We know that the development of economy needs a complete set of supervision and management system.This paper studies the following problems to solve the problems in the supervision of financial holding companies.First of all,based on the discussion of the basic theory of FHC,this paper analyzes and summarizes the characteristics of FHC in the new form and the existing problems of supervision.Secondly,through the discussion of the current situation and existing problems of the supervision of financial holding companies,and combined with the analysis of the external system of the supervision of financial holding companies,finally,the paper puts forward the countermeasures to improve the supervision system of financial holding companies from the three angles of supervision mode,supervision legal system and supporting supervision system.This paper will analyze the financial holding company from the perspective of Institutional Countermeasures.At present,the research on Financial Holding Companiesin China is more inclined to the introduction of economics,and the problems related to the legal supervision of financial holding companies are more fragmented and lack of in-depth research.Therefore,it is necessary to study the supervision of financial holding companies,which will help to enrich the theoretical level of this field and improve the discipline construction.This paper adopts the following specific research methods:First,comparative study.There are different regulations not only between China and other countries,but also between different countries.Therefore,this paper not only makes a comparative study on the supervision system of financial separation between China and foreign countries,but also makes a comparative study on the supervision legal system of financial holding companies which are different from each other in mature financial market countries.Second,the analysis method of law and economics.The interference of law on the business scope,organizational form and responsibility of financial holding company and the design of supervision system will affect the cost and benefit of financial holding company,so it is necessary to analyze the specific legal norms with the method of legal economics.This paper analyzes the efficiency of the supervision system of the financial holding company by absorbing the research results in the field of law and economics.Third,the method of case analysis.This paper analyzes the judicial cases and regulatory cases of financial holding companies,and analyzes the formation and consequences of the legal system from the perspective of practical application.