On Legal Supervision Of Financial Holding Company In China

December5,2002, CITIC holding company officially started its operations in the strong support of the People’s Bank of China, the China Securities Regulatory Commission and China Insurance Regulatory Commission. CITIC holding company is the first financial holding company in our country, and its formation is a useful attempt to China’s financial reform by the separated operation toward Combination Operation. Separate operation to change there is a very clear trend in the international financial industry, to mixed financial holding company as a carrier of the organization to achieve mixed operation to develop and grow. The development of China’s financial control is still in its infancy, coupled with the impact of our existing financial regulatory system of separate, existing laws and regulations in China is not its legal nature and positioning of a clear specification, which with its business operations and organizational development potential risks to the legal and institutional. Financial holding company has a large scale, complex internal structure as well as conflict of interest issues, the risks of the financial holding company itself is also a growing impact in a national and even global economic and financial security and stability, so the strengthening of the financial holding company by legal regulation have been imminent. The thesis starts from the meaning of the financial holding company, and then further analysis of the understanding of the financial holding company regulated by the laws of the meaning, and analysis of the financial holding company regulated by the laws of economics foundation, which found that China’s financial holding company regulated by the laws exists some issues, and then make some comments on these issues can be avoided. in order to improve China’s financial holding company legal and regulatory system.This thesis includes four chapters:the first chapter includes the general inspection of the financial holding company law regulatory regime, which including the meaning and characteristics of the financial holding company analysis, the financial holding company refers to the form of a holding company exists, at least two different financial sector in banking, securities, insurance holding operations of the Financial Group. Understanding of the meaning of the regulation of financial holding companies recognize that regulation is necessary because there is a risk, the financial holding company in China started developing, the corresponding system is not mature, which can be learned in the development status of China’s financial holding company. Therefore, a better understanding of regulation of financial holding company is necessary. The second chapter is from the nature, objectives, principles and mode selection on the specific investigation of the legal and regulatory system of financial holding company in China. The choice of regulatory regime of the financial holding company is regulated by the laws of the foundation and key to determine the development direction of China’s financial holding company legal and regulatory system. The third chapter is to study the problems of financial holding companies regulated by the laws. There are no explicit laws and regulations on the supervision of the financial holding company, legal absence of the financial holding company in China, which is a financial holding company in China’s legal system, can not be ignored defects. The fourth chapter is a financial holding company regulated by the laws of reflection and suggestions for improvement, to improve our financial holding company legislation, to modify the supporting laws and regulations, the regulatory body in order to perform the task of supervision, standardize regulatory actions. Strengthen the supervision of financial holding companies in China market access is the most important issue of regulation, which is to avoid the financial markets, risk prevention mechanism. We should improve our financial holding company capital adequacy regulation, take into account the local resources to develop appropriate capital adequacy regulatory regime, and improve the holding company of China’s financial risk early warning and information disclosure system, in order to increase which based on the original description of the indicators of the overall market risk and the risk of financial institutions to solve the problems of the financial holding company regulated by the laws of information in the partial.