Study On The Legal Regulation Of Finance Company In The View Of Combination Of Industry And Finance

In the worldwide, along with the development of multinational enterprise and thepropulsion of the financial liberalization, the industrial capital and financial capital presentsthe tendency of integration, thus forms a diversified industry-finance integration mode. InChina, finance company is an important practice of the industry-finance integration, it’sresponse to the internal financial needs of enterprise groups in China, hence, its nature is anon-bank financial institution that belongs to the enterprise group. As an emerging companyform, finance company faced numerous problems during its improvement, the problemsfocuse on corporate governance structure, legal orientation, market access, investment andfinancing constraints,etc. From the empirical research of the financial company, this articleanalyzes problems,draw lessons from foreign financial company legal experience and exploreadaptation of the corporate governance and financial supervision legal system.It is the logicalevolution of the article.Besides preface and epilogue,the text is divided into five parts：Part I:“the basic theory summary of finance company o: based on the perspective ofintegration of industry and finance”. Firstly, starting with the concept definition of industryand finance integration and the analysis of model selection, in order to define the researchsphere of this article. Secondly, through the comparison of the financial holding company,bank of host, clarify the connotation of financial company investigated in this article. Finally,analysis the finance company’s realistic meaning from both micro firm-level and macrofinance system perspectives.Part II:“the development analysis for domestic finance companies”. This part comb thedevelopment course and status quo of financial companies, and through the case investigationof Haier Group finance company, analysis of the running experience and problem.Part III:“summary of domestic finance company legal dilemmas”. According toanalysis, the article conclude that during the operation, Chinese finance companies are facingvarious dilemmas namely vague legal position, absence of the differentiate market accesssystem, highly-restricted investment and financing system, corporate governance mechanismanomie, etc. Part IV:“finance company’s extraterritorial legal system and revelation”. Through thestudy of finance companies in the United States, German, Japan and Hong Kong region, tosummarize the inspirations for optimizing domestic finance company legislation system.Part V:“perfect ideas of the system of legal regulation of financial companies”.Considering the current situation of finance company,with reference to the foreign advancedexperience, thus proposing to legislate a multiple-layer legal positioning for finance company,and optimize the differentiate market access system. Further, to build up a multiple interactivegovernance and supervision mode, strengthen the coordination between enterprise’s internalmanagement and external supervision. From the perspective of finance company’s furtherdevelopment, given the proposal to set up a transform mechanism which allows financecompany converting to a industrial financial institution or finance holding company, for thepurpose of deepening of the Combination of Industry and Finance.