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Research on the Legal Problems in Protecting Financial Risk of China’s Capital Account Opening

Author: LiuFengHua
Tutor: LiSiQi
School: Hunan University
Course: International Law
Keywords: Capital Account Opening Financial Risk Protection Foreign Exchange Supervision Bank Supervision Securities Investment Supervision
CLC: F832.6
Type: Master's thesis
Year: 2009
Downloads: 50
Quote: 0
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Abstract


The opening of the capital account will benefit us economically for the short-time capital financing and the development of the securities market, but also bring some kinds of risks on multinational capital circulation to China’s financial market at the same time. How to manage the international capital well has been one of the most important topics of the state economic system, especially to the financial system. Once the risks connect with the multinational trade, in turns the capital circulation or the reverse of the direction of the currency movement would destroy China’s financial institutions. Excessive capital outflows and inflows will result in the risks of asset bubble in China’s capital market and the flight of the residents’capital. According to the status quo of China’s exchange rate system and relevant exchange control system, the opening of the capital account will result in the risk of the exchange rate appreciation and the lost of the monetary policy independence, the risk of the financial system caused by excessive loan, and the risk of the short-term capital inflows and outflows. After the opening of the capital account, the international transmitting of the financial risk will further enhance the vulnerability of the finance system. Hence, the opening of the capital account should be implemented in the legal frame work to prevent the financial risks.The purpose of this paper is to contructing and perfecting the Chinese present legal system in related with the opening of the capital account in the financial risk prevention perspective. Firstly, we will analyze financial risks of the capital account liberalization against Chinese present legal system of the foreign exchange management from related financial theories and Chinese current situation of the capital-account liberalization and the definition of capital account opening,. Secondly, we will explore the legal principal of the capital account liberalization from the relevant provisions in the international law. And then further analyze the defects of the legal system of Chinese current foreign exchange management, banking regulation and securities market management from the perspective of the risk prevention. Finally, we will put forward some legal suggestions to the recontruction of the legal system of Chinese foreign exchange management, perfection of the supervision legal system of banking institutions opening and securities investment opening.

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CLC: > Economic > Fiscal, monetary > Finance, banking > China's financial,banking > Exchange rate,foreign financial relations
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