The Study On The Applicability Of China’s Administrative Law To Financial

China’s Administrative Law includes the regulation of financial regulation which adjusts the relationship of financial regulation and the regulation of traditional administrative law which is not the regulation of financial regulation.Whether the concept and rule of administrative law should be applied when adjusting the relationship of financial supervision in China’s financial supervision law today,namely,how applicable administrative law is to financial supervision.Especially when the administrative law is not applicable to the financial supervision,will hinder the perfection of China’s financial regulatory system,damage the operation of China’s financial supervising and order,and also not conducive to the further development of China’s Internet technology finance and innovation,such as China in introducing the concept of "sandbox" regulation and system,it is necessary to consider the relationship between the financial supervision and administration according to law.This paper mainly studies the applicability of China’s Administrative Law to financial regulation,and focuses on the analysis of the possible legal problems or conflicts caused by the inapplicability of administrative law to financial regulation,and then tries to solve them.This paper tries to compare the financial regulation law with the administrative law.The first chapter analyzes the concept and system characteristics of financial supervision law and administrative law,clarifies the connotation and extension of financial supervision law and administrative law,and analyzes the applicability of administrative law to financial supervision.The second chapter studies the characteristics of China’s financial supervision law and administrative law,and investigates the applicability of China’s Administrative Law to financial supervision.Through the research,it is found that there are many problems that China’s Administrative Law does not apply to financial supervision.The third chapter examines the applicability of American administrative law to financial regulation and summarizes the experience.The fourth chapter focuses on the solution of the problem that China’s administrative law does not apply to financial supervision,thinking respectively from the perspective of financial supervision law and administrative law,and proposing solutions from three aspects: legislation of financial supervision,law enforcement of financial supervision and judicial supervision.In this paper,through the comparative analysis of the relationship between China’s administrative law and financial regulation law to investigate the applicability of administrative law to financial regulation.Although administrative law has its application to financial supervision,for example,financial supervision is often referred to as financial administrative supervision,with such legal concepts as financial administrative legislation,financial administrative licensing,financial administrative supervision and inspection,financial administrative penalty and so on.However,financial supervision also shows that it cannot adapt to administrative law,such as the legitimacy of the legislative process of financial supervision,the effectiveness of violating the mandatory norms of financial supervision,and the feasibility of applying administrative remedies to financial supervision.This paper studies the advanced and complete experience of financial market supervision in the United States,and analyzes the relationship between the administrative law and the financial supervision law.Moreover,after many financial disasters,the financial regulatory legal system of the United States has been relatively complete,which is very representative.It is enough to study and learn from its experience.Finally,in view of the fact that China’s national conditions are also very different from the United States,based on China’s national conditions,this paper designs a Chinese solution to the problem that administrative law does not apply to financial regulation.