On The Legal Reconstruction Of Chinese Financial Supervisory System Taking American Pattern As The Angle

Under the background of the economical globalization, the innovation and liberalization of finance has brought swift development in the financial industry but simultaneously increased the risk for the inborn frail financial system. The validity of the existing financial supervisory framework is a test for the stability of the world finance systems and China's financial security as well. The financial regulation is the system arrangement by which the government intervenes in the finance market and the finance industry development, takes active measures to solve the malfunction problem of the financial market and takes precautions against the financial risk. From the point of law, the financial supervising and managing validity is rule of law in the power of the finance supervision. At present it's difficult for our financial regulation to meet the real need. There are various reasons of which the most important one is that the financial regulation legislation is to be perfected. Therefore strengthening the research for the power of the finance supervision has the vital significance to our country finance supervising and managing validity, the health development of the finance industry and the financial government by law.The article, namely from the legal angle, proposes the significant proposition about the reconstruction to the government by law in the finance supervision power and conducts the research and the exploration on the validity of the power of the Chinese finance supervision. Taking the US which holds the ear of a sacrificial bull in the present world finance market as a model, on the foundation of the theoretical analysis of the finance regulation power, taking the American pattern of the finance regulation power as the research angle of view, the article analyzes the present situation of the finance regulation power and the movement mechanism as well as its existence limitation in our country. Through analyzing the experiences from the American pattern, the paper promulgates the development tendency and the regularity demonstrated from it and proposes the legal dimension and the countermeasures of the reconstruction of the rule of law of the finance supervision power in our country. It aims to help providing the new mentality by the time to our finance supervising and managing improvement and the financial legislation's consummation!The weight of the financial regulation, which is characterized by the content legality, the main body polytropism, the social benefit standard and so on, is a kind of new financial authority. The American pattern provides a good example for reference for the reconstruction of the weight of the...