On the Legal Dilemma and System Optimization of Financial Supervision Function Allocation in China
The function allocation of financial supervision is the important content of financial supervision system and the basic premise of realizing effective financial supervision.Under the new financial supervision system,great changes have taken place in the allocation of financial supervision functions in China.In our country's current financial legislation,the legal basis of function allocation needs to be further strengthened,the content of function allocation should be further clarified,the coordination and cooperation effect of function allocation needs to be enhanced,and the system needs to be optimized.Based on the system concept analysis framework,the Chinese-style financial supervision model under the leadership of the Party is taken as the basic logic of the allocation of regulatory functions,and three elements followed by the allocation of regulatory functions,such as legality,capability and cooperation,are clarified,so as to systematically improve the ability of the legal system and improve the efficiency of regulatory cooperation.In terms of system,starting from the supervision areas such as overall supervision,prudential supervision,and behavioral supervision,by clarifying the functional positioning of various regulatory agencies in financial laws,the allocation of regulatory functions is systematically optimized,and the risk disposal mode of local small and medium-sized financial institutions is adopted"special legislative authorization+coordination of central and local disposal functions"to achieve effective management of financial risks.
party's leadershipfinancial regulationfunction allocationfinancial stability law