On The Legal Regulation Of Financial Holding Companies In China

In pursuit of global financial efficiency, financial mixes industry the management of the wave, the financial holding company a preferred modes of organization. Similarly, in China's financial industry divided by the changes of the mixed to process, the financial holding company will become the reform of the breach and the'future of mixed operation of carrier. However, because of the existence of financial risk and financial holding company's own particularity, make our country at present the financial holding company of the legal supervision become more important and urgent. So it is quite necessary to from financial holding company produce and concept definition of analysis and research to financial holding company the particularity of the legal supervision, and in the analysis andcomparison of the world to the financial holding company on the basis of the model of legal supervision to construct and perfect our country's financial holding company legal supervision system. In order to promote the stable development of financial holding companies, regulate the operation behavior, from long-term financial holding company strategy implementation plan, it should be considered when the time is ripe to promote the state legislature financial holding company specific legislation, clear the legal status of the financial holding company and financial holding company operating principles, regulations including the financial holding company set conditions and procedures, organization form and its legal status, the scope of business and its internal self-discipline and external supervision system content, in order to regulate the financial holding company of operation and development. In order to be on the safe side, can consider to administrative regulations by the state council to make the form of the financial holding company regulations, implement a period of time, then on the basis of summarizing the experience by the National People's Congress make the financial holding company law.The financial holding company as a safety and efficiency of China's financial industry realize the balance of the carrier, will in the financial industry in the process of service entity economy playing more and more important role. In the financial holding company regulation legislation when the design, both must consider the universality of general financial supervision, and should consider its own characteristics, and for our country's financial holding company of supervision, with the first problem is the clear regulatory goals. On the one hand, to be on the whole financial system to ensure the safety and stability of the financial system. Especially the U.S. subprime mortgage crisis triggered by the financial crisis let us about the financial industry financial regulatory system had a further thought, in the process of financial supervision some drawbacks in there should be a corresponding measures to improve. On the other hand, the financial holding company regulatory cannot too hamper its efficiency, and should not be taken directly administrative means, make too strict new business examination and approval system and too carefully and inflexible regulation and damage their creativity and competitiveness, and bound the innovation and the competitiveness behavior. That is the supervision of the financial holding company, consideration should be given to both financial security and financial efficiency.This paper mainly focuses on China's financial holding company legal supervision model selection, our financial holding companies face special risk supervision and existing problems, and trying to build China's financial holding company legal regulation of the whole model framework, enhance the financial holding company legal supervision maneuverability, to hope for improving the present backward to the financial holding company management system and avoid financial risks and maintaining outbreak financial system benefit overall safety.