A Study On The Legal Issues For The Resolution Of The Systemically Important Financial Institutions

The financial crisis of 2008 broke the traditional understanding of the principle of "too big to fail" in the financial institutions.The establishment of the legal resolution regime for systemically important financial institutions(SIFIs)has become an important part of the reform and revision of the financial law in the United States,the European Union and other countries and regions.Promoted by the financial stability board and other international financial organizations,establishing an orderly disposal mechanism for these large bodies become the consensus.This paper is mainly studying on the regulation for the resolution of SIFIs.Based on the international organizations’ guidance documents and the legislative practices of the European Union and the United States.And related to Chinese legislation and practice of dealing with financial institutions.This paper put forward the opinions about construction of Chinese regulation on the resolution of SIFIs.The text is divided into four chapters:The first chapter introduces the concept of SIFIs and resolution.From government failure and the decentralization theory,expound the theoretical basis and the necessity of establishing the legal procedure for the resolution of systemically important financial institutions.The second chapter is mainly studying on the international organizations’ guidance documents of effective resolution.Combined with the six main objectives proposed in the first chapter,discussing the legal and policy requirements of the effective resolution of SIFIs.The third chapter introduces the legislative practice of the EU and the United States on the resolution of SIFIs.The fourth chapter puts forward some suggestions on how to improve the regulation of the resolution of SIFIs in China,which are based on the current situation of legislation and practice of China.