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Analysis of the Legal Supervisory Issues of International Offshore Financial Market

Author: ChenJianTing
Tutor: XiaoBeiGeng
School: Hunan Normal University
Course: International Law
Keywords: Offshore financial market Law Unified supervision
CLC: D996.2
Type: Master's thesis
Year: 2013
Downloads: 24
Quote: 0
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Abstract


International financial integration has become a prominent feature of the international financial development, and offshore financial market is the core part contributing to the world’s financial market integration. Different from foreign financial market and the traditional international financial market, offshore finance is a new type of financial market, which refers to a variety of financial transactions or currency funds outside the domestic financial circulatory system usually between a non-resident offshore currency intermediation. Study on supervision of laws in International offshore financial market will help facilitate an orderly market order.Firstly, according to the related theories, with the features of international offshore financial market as the main clue, the thesis, refining the concept from the intrinsic elements of traditional and contemporary definition of offshore financial markets, elaborates the path of morphological evolution of offshore financial markets. Further on this basis, from a regulatory perspective, it analyzes the diversity of offshore financial market supervision, and holds that the relaxed regulation of offshore financial market under no unilateral control is the inherent nature of the offshore financial market regulation, but should be in accordance with its national jurisdiction and national currency sovereignty. Secondly, from a practical perspective, the thesis introduces the monitoring systems of offshore financial markets in the United States, Japan, Britain, Hong Kong and other countries or regions and analyzes the difference of the regulatory measures between the above countries or regions. There is full-time separate regulation, non-full-time separate regulation and full-time complex modes; while the emphasis of supervision is different, such as regulation with market access, business regulation and quit supervision. However, there is always not a comprehensive control and supervision of offshore financial markets owing to the tradition of national legal system and specific practices.Finally, based on comparative analysis of regulatory differences between the above three countries and a region, according to the current from the current development of offshore financial markets, thesis put forward that the mode of separation of interior and external is best type which benefit for the development of national offshore financial market and overall socio-economic development. Furthermore, it tries to propose the concrete measures to improve the regulatory system of national legal offshore financial market, including making clear the subject of market access, establishing a unified regulatory body, improving the tax system of offshore financial business, and expanding the application scope of the law.

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CLC: > Political, legal > Legal > International law > International Economic Law > International financial and monetary law
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