On The Structure Of The Legal System Of Green Bank ——Take Jiangxi Ganjiang New District Green Finance Pilot Zone For Example

Finance and financial law have developed modularized structural traits at the traditional level.Specifically,the structure consists of banks,banking laws,securities,securities laws,insurance,insurance laws,trust,and trust laws.All these elements could be re-modularized to become the new elements that constitute submodule structures.Therefore,we are based on commercial banks-the central part of finance and financial laws-to probe into the legal system structures of green banks.In terms of the path of institutional construction,the green finance pilot zone of Ganjiang New District and the similar practices in other countries or regions,such as America,England and Japanese,help this paper bear in mind a series of outstanding traits and development trends,including the diversification,technicalization,capitalization,and standardization of green finance,hence understanding the financial system demands of green economic development.According to the field research,the implementation and development of green finance face the dilemma that the lack of standards and abilities in ecological environment assessment and observation would lead to salient green finance risks,which hinder the development of green finance.Meanwhile,a positive ecological environment couldn’t be converted into actual assets with proper rights and certifications,so it became the major constraint confronting the marketization growth of green banks.Consequently,when it comes to the internal systems of the banking industry-the organizational systems,business systems and effective supervisions systems specified by the traditional Commercial Bank Law-only greenization reforms should be internally launched for commercial banks to establish green banks or specialized institutions of green finance that enable new processes of green business.As for the external systems,the legal systems of green banks should be reconstructed,and an ideal structure should be as follows:strategic guidance as the guidance,green financial policy as the impetus,the third-party technical institutional systems as the support,and capital system with standard systems as the basis.An marketable institutional structure with five key points could facilitate and guarantee the commercialization of green banks.Considering the major changes brought by green banks to credit legal relations,it is necessary to transform the dual subjects with both parties of credit transactions as the center and third-party guarantees as protections,meaning that green banks must regard third-party technical organization’s assessment certification as the prerequisite to prop up multiple subjects for cooperation and joint governance.Secondly,the ecological environment’s technicality found in the process of green banks must be added with ecological environment monitoring technologies and AI,hence enabling banks to take on accounting and money management,before growing into an open bank platform that shares interfaces and data for cooperation with third-party technical organizations.As a result,solutions could be developed for the asymmetric information and the problematic monitoring and tracking revealed in the practices of green finance.Thirdly,the catchphrase that "a positive ecological environment is equal to tremendous treasures" means capitalization will surely lead to ecological value assignment,in which ecological rights lay a legal foundation of capitalization for green finance.Moreover,the standards of green finance are about establishing assessment criteria of green credit relations,followed by references to international experiences and innovations of these standards so that they stop judging consequences and start weighing on prerequisites,which will regulate the operations of green finance.Therefore,why are structures so important in legal systems,especially those of green banks?The article uses the paradigm,which is established by T·S·Kuhn in his classsic "the Structure of Scientific Revolution",as a conclusion.By referring to intuitive graphic presentations of Photo 7.1 and Photo 7.2,this paper reveals the legal system structures of traditional banks.Photo 7.3 indicates the structures and institutional dilemma of the transforming green banks.Photo 7.4 displays the institutional prospects of ideal green banks.Eventually,this paper wraps up by citing Minor Odes of the Kingdom,the Book of Songs:put a lofty dream in mind even if you may not be able to reach there.