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Mixed Management Trend Of China's Financial Supervision Legal Research

Posted on:2013-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:W YuanFull Text:PDF
GTID:2246330374458437Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The mixed operation of financial industry is relative to the operation, refers to the financial industries such as banking, securities, insurance, trust, mutual harmony concurrently industry management. As the development of economic globalization trend, due to competition and the financial industry’s own law of development, many countries in the world have relaxed on the financial constraints, the implementation of the financial liberalization, global financial industry mixed operation of the tide was lifted, and accordingly promote the reform of financial regulation. In the face of the world financial industry mixed operation trend, in order to deal with the competition from multinational financial group, make full use of the advantages of mixed operation, improve their comprehensive competitiveness, China’s financial industry also began to infiltrate each other, through the establishment of financial holding company, the development of industry of financial product innovation and other means to circumvent legal restrictions, mixed management innovation and practice. Financial mixed operation has become the trend of the development of China’s financial industry.China’s current legal system established by the "separate supervision" of financial supervision system is established on the basis of the financial industry operations, obviously not able to meet the requirements of industry operation, in mixed practice of exposed financial legislation lag and the defect of legal system, is conducive to the prevention of financial risks, hampered the development of the financial industry. So, the trend of mixed operation of financial supervision in China under the laws of China’s financial reform has become the important research topic and the urgent demand of practice. The author thinks, in order to comply with the development trend of financial industry mixed operation, we must make comprehensive use of legal means, and gradually build accord with the situation of our country’s financial regulatory system, in order to maintain the stable development of Chinese financial industry, and promote country’s economic prosperity. In the first part, use the methods of law and economics, the mixed financial management concepts, so as to lay a theoretical foundation for the following analysis, then uses the historical analysis method to prove the trend of mixed operation has become the world trend of development of the financial sector, and lists the two main operation form, on the basis of this, combined with the use of historical analysis and comparative analysis methods, described our country financial industry mixed operation has become the inevitable choice of development. Subsequently, the financial supervision of the relevant concepts is introduced, as well as the theoretical basis. The second part, use the empirical and comparative analysis of methods to analyze the legal history of Britain and the United States as the representative of the financial supervision system, drawn on China’s financial supervision reform enlightenment. The third part through historical analysis and empirical analysis, based on the financial supervision system of China and its coordination mechanism of financial supervision of the status of the research, and then put forward the mixed operation of our existing regulatory system and challenges, produced a variety of problems, must undertake reform.In the last part, the author consider our country national condition, using the dialectical analysis method from the perfection of legal system of financial supervision, gradually building a financial supervision system and strengthen the financial supervision system supporting mechanism construction three aspects to our country the mixed operation system under the legal supervision to put forward some valuable ideas. In particular, gradually building a financial supervision system, based on the development of China’s financial industry situation, put forward "two paces go" regulatory planning, the short-term retention of the existing supervision pattern, to establish the financial regulatory coordination committee based on the coordination mechanism of financial supervision, realize information sharing. When the time is ripe, the government can establish a unified regulatory agency to achieve the overall supervision of China’s financial industry.
Keywords/Search Tags:mixed operation, legal supervision, coordination mechanism, unified supervision
PDF Full Text Request
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