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Research On DEPA Financial Prudential Exception Clause

Posted on:2024-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:D T MaoFull Text:PDF
GTID:2556307130955349Subject:legal
Abstract/Summary:PDF Full Text Request
China applied to join the Digital Economy Partnership(DEPA)in November2021,focusing on building a new order in the digital economy.The prudential carveout provision is a provision for financial risk prevention in DEPA.The concept of prudential supervision originated from the "Core Principles of Effective Banking Supervision" issued by the Basel Committee,which requires the supervision of the financial market and pay attention to the way of supervision.Absorbing,forming a financial prudential exception clause with the main content of risk prevention and crisis management as the main content,giving States parties the right to take prudential measures in the event of risks in the financial environment,and behind this is the coordination of the two values of freedom and security.In the era of digital economy,financial prudent exceptions will have new features.The understanding and application of the articles is the most important content of the articles.The textual meaning analysis of the prudential carve-out provision clause can not only analyze the specific meaning of the article,but also can see the relationship between the article and other articles.In terms of application,this article mainly discusses the issues that should be paid attention to in the specific application of the prudential carve-out provision,and introduces the Argentine financial service case in detail,in order to provide a reference for the application of the DEPA the prudential carve-out provision.The prudential carve-out provision has the effect of preventing financial risks,so they are involved in many international treaties.It can be seen from the horizontal comparison of the financial prudent exceptions in several international treaties that DEPA’s prudential carve-out provision is more scientific and reasonable than other international agreements,and the structure is more open and inclusive.China’s existing domestic financial regulatory rules still have the problem that are not perfect and insufficient systematic,and the participation in financial international agreements is not high enough.Accordingly,we can refer to the advantages of DEPA prudential carve-out provision,and make relevant optimizations to the financial prudent exceptions in relevant domestic regulations and future international agreements.After applying to join DEPA,China will face inconsistencies between the relevant rules and China’s existing regulations,and should improve the relevant rules on the basis of adhering to China’s basic principles to ensure the connection with DEPA.
Keywords/Search Tags:DEPA, Prudential carve-out provision, Prudential reasons, Prudential exceptional measure, China’s response
PDF Full Text Request
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