Research On Legal System Of Credit Rating Supervision In China

Modern capital market is established on the basis of credit.Credit rating,as an important part of capital market,plays a decisive role in alleviating information asymmetry,revealing financial product risks and maintaining financial market stability.But credit rating has played a positive role in the same time,itself also has many problems,such as the failure of the reputation mechanism,government regulation is not in place,and so on,these problems directly threaten the neutrality of credit rating agencies,the rating results the authenticity of the protected,and bring a lot of unstable factors to the capital market,the performance is very outstanding in the last round of financial crisis,so it is necessary to improve the credit rating regulation legal system for its further standardize,make it play the role of the capital market "gatekeeper".Our country's credit rating from the last century in the late 80 s,after years of development,already have a certain scale,but because our country at first,several credit rating agencies is the government formed,did not establish the reputation mechanism,so in order to ensure the objective,true and accurate rating results,government regulation plays an irreplaceable role,regulation of credit rating industry in our country mainly through regulatory agencies enact laws to supervise and manage the rating and rating of subject.In recent years,although our country credit rating supervision legal system has established certain foundation,but also has many problems.Based on the present situation of the legal system of our country's credit rating regulation,by studying the current regulations of credit ratings in the legal norms,analysis of other countries and regions of the credit rating regulation legal system,combing out the merits of regulation legal system in our country,aiming at the main problems of the legal system of our country's credit rating regulation,put forward the corresponding perfecting suggestion.In addition to the introduction and conclusion,this paper is divided into the following four parts:The first part is the general theory of credit rating supervision.This paper introduces the concept and function of credit rating and the definition of credit rating supervision,including the subject,object,mode and content of supervision,and finally analyzes the necessity of credit rating supervision.The second part,the foreign credit rating supervision legal system and the enlightenment to our country.By studying the legal system of credit rating supervision in the United States,the European Union and Japan,this paper summarizes the enlightenment to China in setting the threshold of market access,preventing conflicts of interest,strengthening information disclosure and improving the responsibility of rating agencies.The third part,our country credit rating supervision legal system present situation and the existence question.Through the analysis of the current legal norms,it reveals the specific problems of credit rating supervision in China.The fourth part is the Suggestions on perfecting the legal system of credit rating supervision in China.It is mainly discussed from six aspects: establishing systematic legal norms,clarifying the right of supervision,perfecting the access mechanism of rating agencies,perfecting the norms of preventing conflicts of interest,refining the information disclosure system and perfecting the system of civil legal liability.