An Analysis of the Administrative Law Enforcement Reconciliation System in the Context of Financial Law
The draft Financial Stability Law of the People's Republic of China stipulates the party commitment system for administrative law enforcement, providing a legal basis for the construction of the administrative law enforcement reconciliation system in the financial domain. Meanwhile, although there has been no theoretical consensus on administrative reconciliation, the practical implementation of administrative law enforcement reconciliation in the context of financial law has already preceded theoretical development. Against financial risk disposals and financial disputes in the field of securities and futures, measures of administrative law enforcement reconciliation by means of discretionary powers and private legal means such as deliberative democracy and public participation employed by administrative authorities, in compliance with the requirements of law-based administration, can effectively resolves disputes and achieves economic and social benefits for all parties involved. Through a scrutiny of the practical aspects of measures of administrative law enforcement reconciliation in the financial domain, this article proposes that the benefit of all parties as the premise of initiating the administrative law enforcement reconciliation system and the combination of a tilted burden of proof, the applicability of the"self-admission"principle, and a compliance mechanism for the connection between administrative law enforcement and criminal justice will contribute to constructing an administrative law enforcement reconciliation system that aligns more closely with practical rationality.
financial stability lawadministrative law enforcementadministrative law enforcement reconciliationfinancial riskfinancial dispute
万方数据
维普
