The Legal Regulation Of Shadow Banking And Its Financing Risk Research In China

The global financial crisis in 2008 have caused different degree of negative impact on the world economy, since the crisis on economic damage has not been restored completely. After crisis, all the causes of the crisis are thought that shadow banking is the most important reason for the financial crisis. The biggest feature of shadow banks is almost not regulated by supervision, and it also pursuit high profit which will bring high risks. Under the background of economic globalization, because of the huge risk, the shadow banking which contains potential damage spread the risk rapid and extensive. Shadow banking structure is complex in European and American, which mainly on securitization activities has the function of credit creation. Compared with international the shadow banking system, the development of Chinese shadow banking is still in the initial stage at present, which provide the basically credit created function and playing a simple financing function which similar to the commercial bank. With the development of shadow banking in the future, the risk of will increase gradually. We should learn from foreign experience and combined with the actual situation, formed our own supervision system and control the financing risk in the aspect of law. This is why I study the paper and put forward reasonable suggestions.This paper consists of six parts, the first part is introduction, mainly introduced the significance of researching article, the research at home and abroad, the method of researching article. The second part expounds the knowledge of shadow banking and its financing risks, which provides the theory basis. The third part discusses the legal regulation of the shadow banking financing risk from the legal theory, which not only put forward the necessity of the legal regulation of the financing risk and theoretical basis, but also provide the basis for the following research. The fourth part is the extraterritorial investigation of financing risk and the legal regulation of the shadow banking. We can get the evaluation of the regulation of the shadow banking through the methods of comparative analysis. The fifth part mainly analyze on the potential financing risk by researching the existing legal system and shadow banking system in China and try to put forward the main problems in the current legal system. The last part mainly discusses the suggestions of perfecting our country’s legal regulation of the shadow banking financing risks. What’s more, this paper puts forward the basic principles of legal regulation and the concrete suggestion.