[번역문] 중국 현행금융법의 문제점과 개선방향

Financial law is a new legal system going with the financial economic development. China financial law has formed a basic legal framework after nearly 30 years development. The essential characters of such a system are that the nation's laws are the basic framework; The State Council regulations and regulatory body documents are the specific content; to operating under the principle of "segregate management and segregate supervision"; the strictest transaction isolation of industry, commerce and finance; seted strict limits the mutual investment between the two industries; to operating segregate management about core business between banding, trust, securities and insurance industry; segregated supervision by The People's Bank of China, China Banking Regulatory Commission, China Securities Regulatory Commission, and China Insurance Regulatory Commission; financial holding companies according to the controlling shareholder to adopt leading supervision and joint meeting system; to have to get a license before operating a financial business, or will be illegal operation. The China financial law system consists of banking law system, payment and clearing law system, trust law system, securities law system, insurance law system and regulatory law system. But, also must see, the financial legal system is constantly improving with the development of finance industry. China financial system has a lot of content needs to be perfected ceaselessly. This paper tries to summarize the basic situation, existing problems and to put forward some improving suggestions about china financial law for relevant professional and administrator are presented as a reference.