A Study On The Specialization Of China's Financial Courts

In recent years,China's financial trading market has experienced a gradual development from tradition,single financial mechanism to new and complex financial mechanism,and the number of assets and the scale of transactions show a geometric increase and expansion of the development process.Securities,insurance,banks,trusts and other new financial disputes,are complex and diverse.With the previous traditional financial disputes of different professional nature,its main body and government departments have a close relationship.In the middle of such cases,there is a complicated network of interests,which involves many practical problems of the connection of principal relations and the operation of legal rules.From the perspective of law,financial market in the breadth and depth of the extension,but also need a more effective and standardized model of legal governance.But as far as our courts are concerned,under the previous realistic judicial system,it applies some "home-grown" system to practice.These systems or policies are not applicable at this time,and there are more or less shortcomings.Prior to the establishment of the financial court,the lack of professional financial trial personnel and specialized mechanisms and procedures had not been able to establish a more comprehensive and systematic set of norms.The establishment of the Shanghai Financial Court is expected to break through the current situation of "0".On the basis of flexible use of professional knowledge and rich experience,it will build a more systematic and comprehensive code of financial transactions,promote reasonable competition in the financial trading market,and improve the credibility of the judicial financial trial.The financial court will connect China's financial justice and international financial justice system,and strive to develop into a window of China's financial justice level and financial rule of law environment.Every case before the Shanghai Financial Court will become a model and example of a new type of case,and will also become a major symbol to demonstrate the reform and progress of China's judicial financial system.How does the financial court differ from previous coping mechanisms? How does it manifest specialization? Does it also have some shortcomings in itself? These problems arose after the establishment and operation of the financial court.Aiming at the above problems,this paper has carried out a series of investigation and analysis.Taking "the specialization study of China's financial court" as the focus,this paper takes the Shanghai financial Court as the main body of the study,from the conditions of the establishment of the Court,jurisdiction,personnel arrangements and the improvement of the trial mechanism,hoping to have a preliminary understanding of the specialization of the financial court.Taking the logical basis of establishing the financial court as the starting point,this paper puts forward the problems in the specialization,case specialization,personnel specialization and the specialization of the trial mechanism established by the Financial court respectively,as well as the corresponding solutions.In addition to the introduction and conclusion part,this paper has four chapters,in the first chapter,this article mainly from the necessity of the establishment of financial court as the core,respectively elaborated the theoretical basis and the realistic basis,introduced the financial court in the judicial power theory and social law theory of the connotation and value.The second chapter discusses the extraterritorial situation of the financial court.This chapter is more important,by drawing on the system of foreign financial Courts(tribunals),mainly the United States Administrative Court Office,the British Financial Services and Markets Tribunal and the Dubai International Financial Center Court,from which to obtain favorable information for the establishment of China's financial courts.From perfecting the legal system,clarifying the position of the financial court and the scope of the case,to optimizing the staffing of the financial court,we have provided more valuable experience for the establishment of the financial court in our country.The third chapter analyzes the specialized operation mode of the financial court,and points out the insufficiency of the present situation.This chapter is the main part of the full text,describes the specialization established by the financial court,the specialization of cases,the specialization of personnel and the specialization of trial mechanism,and analyzes the problems that may arise in these four specializations.The fourth chapter puts forward some suggestions to improve the specialization level of China's financial court.The sum of the recommendations,mainly for specialized research,is conceived from four aspects.These two chapters revolve around "analyzing problems and solving problems",trying to put forward the conditions and boundaries of the establishment of the financial court,solve the problems in the jurisdiction of cases,train and select professional financial legal talents,and improve the trial mechanism of financial law.In this paper,the text analysis method,the empirical research method,the comparison method at home and abroad and the chart analysis method are mainly adopted in order to present a more comprehensive and intuitive content.This paper attempts to make more constructive suggestions through the study of four aspects of specialization.But in fact,the financial court has just started.In the future development process,it will inevitably appear the problems that this article does not consider,so the author hopes that some of the research contents and suggestions of this article could provide some ideas for it.