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The Law Issues in the Financial Supervision Reform after the Financial Crisis

Author: LiZhiCheng
Tutor: FuQiLin
School: China University of Political Science
Course: Economic Law
Keywords: Financial Crisis the Financial Holding Company Financial Supervision Reform
CLC: D922.28
Type: Master's thesis
Year: 2010
Downloads: 558
Quote: 1
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Abstract


Over the past two years we have faced the most severe financial crisis since the Great Depression. The not yet fully subsiding global financial crisis pose a great challenge to China, and bring a great opportunity to China, especially to China’s financial industry. The China’s financial industry is less affected by the financial crisis, and has the potential to be the strongest economy of the world. In this situation, the research of The Law Issues in the Risk Prevention and Financial Supervision after the Financial Crisis is very useful.This thesis is divided into three parts. In partⅠ, by analysis the tendency of our financial industry development, and the challenges our financial companies facing for, the author holds that diversified operation is the developing direction of our financial reform, and financial holding company is the best pattern for ours. Then the author analyzes the reasons of the special supervision for financial institutions, and the reasons of the extending supervision for financial holding company. And then clarify the general risks of the financial holding company and the special risks of our financial holding company.In partⅡ, the author consider that over the past two years we have faced the most severe financial crisis since the Great Depression. In this part, the author analyzes the financial supervision system, the risks prevention system and the problems of the financial supervision system in the U.S. before the financial crisis. While this crisis had many causes, it is clear now that the government could have done more to prevent many of these problems from growing out of control and threatening the stability of our financial system. In the Financial Regulatory Reform:A New Foundation, the Obama administration plan to reform their financial system from the following factor:Promote robust supervision and regulation of financial firms; Establish comprehensive supervision of financial markets; Provide the government with the tools it needs to manage financial crises; Raise international regulatory standards and improve international cooperation, etc. Learn from the financial reform of the U.S., the author believe that China shall reform our financial system and financial supervision system in order to safeguard our financial industry.In partⅢ, the author first analyses the prerequisites for effective supervision, including Clear Objectives, Independence and Accountability, Adequate Resources, Effective Enforcement Powers, Comprehensiveness of Regulation, Cost Efficient Regulation, the Effectiveness Criteria and Industry Structure, etc. Maintaining and enhancing supervision capacity and the effectiveness of supervision should be the primary goal of any proposed regulatory reform. But there are a lot of defects in financial supervision system, like that there are regulatory gap and regulatory duplication in our financial supervision system; lacking comprehensiveness of regulation; high cost in regulation, etc. Unified financial sector supervision—in which banking, insurance and securities regulation is combined in a single agency is a means of settlement for our financial supervision reform. The author suggests that we shall our unified financial sector supervision with Chinese characteristics, and makes the financial supervision law.The New Unified Financial Sector Supervision System, including China Financial Supervision Council (CFSC), China Banking Regulatory Commission (CBRC), China Securities Regulatory Commission (CSRC), China Insurance Regulatory Commission (CIRC), China Futures Regulatory Commission (CIRC), China Deposit Insurance Corporation (CDIC) and China Consumer Financial Protection Agency (CCFPA). And the People’s Bank of China shall make an assistant for the unified financial sector supervision system with Chinese characteristics.There are still a lot of issues that we need to solve, and the author will go on the researching on this field.

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