| Since our country has entered the WTO. To face up the challenge it brings, each main body in the market execute reformation on economic system . Finance is the key of economy, its development has profound impact on economy. The competition in the field of finance is very cruel, so each main body in the market through financial innovation for maintaining competition. Electronic money is the production of financial innovation. As a measure of control , financial regulation can not only promote but also restrain the financial innovation .Different kinds of financial innovations demand different financial regulations. The financial innovation and regulation promotes the development of financial industry simultaneously .The author want to analyze the legal system of supervision on electronic currency.The composition consists of six chapters In chapter 1,I firstly give a general investigation on starting points of research the legal system of supervision on electronic currency: definition, characteristic, species, such as .After analyzing the definition of electronic money, The author think there is no confirm definition on electronic money .At the same time ,as a kind of financial innovation, the author think it is no good making definition on electronic money. After analyzing the characteristic of electronic currency, we can know what it is and its difference as to traditional money. The chapter analyze the law property of electronic money mostly,the author use the system of England and American as example. In the end, the author think it is not a new money and hold the character of traditional money------- value on criterion, implement of disburse, implement of circulation.Traditionally, to assure circulation and stability, currency is issued by central bank. However, e-currency can circulate without the issue of it. At the same time, e-currency can work as the traditional currency to a degree. Then, it is a great challenge to the method that central bank used to control currency circulation. By the way, the possibility of commercial bank escapes supervision through e-currency usage exists, which must affect the whole currency policy.(1) It challenges the commercial bank. With diversification of little amount balance methods and enhancement of open-web balance user, Commercial bank's status on balance has been threaten. More and more servers in other fields appear, such as telecom, traffic and tour. The varieties of magcards or IC card they issue can save money and become new balance account. To supervisor, whether he should assure the balance right of commercial bank by legislation or he should maintain present condition is a question. (2)Dominion on currency is challenged. Traditionally, international law admits the right that nation can fabricate their own currency because dominion on currency is a part of dominion. A nation owns dominion on currency and the dominion is authorized by civil law, which can't be against by other nations. This has been a widely-acceptance international rule. However, e-currency challenges the dominion the right for a nation to manage his own currency independently is questioned by the network.Chapter 3, the legal values and principles of the electronic currency supervision. This chapter considered of the legal values and principles of the electronic currency supervision. At first, the chapter discussed the legal values of the electronic currency supervision, analyzed the meaning of legal value, and mentioned several values of the electronic currency supervision: order, performance, and equity. These values are conflicting and consolidate, to direct the supervision of the electronic currency. Secondly, this chapter analyzed the principles of supervision, emphatically discussed the currency sovereignty, degree of humidity, allocate risks effectively, most-favored nation treatment principle, national treatment principle, and pointed out the mutual relationship among them. Chapter 4, research for supervisory modes of electronic currency. This chapter started... |
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