奥巴马时期美国金融监管法律制度改革研究
发布时间：2018-08-07 09:13
【摘要】： 由2007年次贷危机引发的金融危机,使美国经济陷入从上世纪30年代“大萧条”以来最严重的大衰退,危机以迅猛的速度从美国传导至全世界,给全球经济带来重大损失。本篇论文回顾美国金融监管法律体系的变迁,研究金融危机爆发前夕美国金融监管法律制度的状况,综述危机爆发后美国政府及国会的紧急性回应措施,以及奥巴马政府当下正在进行的金融监管法律制度改革举措,进而对我国完善金融监管法律体系提出建议。 上世纪30年代,罗斯福创立的“分业经营,分业监管”的严格金融监管模式让美国金融业和整个经济经历了近半个世纪的稳定发展期。然而,20世纪后半期,金融“去监管化”愈演愈烈,《1999金融服务现代法案》正式改变了分业经营的模式,“去监管化”推向高潮,在某种程度上,为此次金融危机埋下了法律上的祸根。危机爆发前,美国金融监管机构数量虽然庞大,但效率低下,漏洞百出,如此不完备的监管体制也是导致金融危机爆发的根源之一。 此次金融危机爆发后,美国国会通过三部紧急法案,监管当局也推出应急性措施加以应对。奥巴马执政后,更是发表金融监管法律制度改革白皮书,系统提出对金融监管体系的改革建议,随后政府、众议院、参议院相继推出综合性金融监管制度改革法案,目前正在等待表决。 毫无疑问,此次金融危机让美国金融监管当局深刻反思金融监管制度存在的问题,本文对其改革举措和趋势进行综述及评价,并对中国完善金融监管法律制度提出参考性建议。
[Abstract]:The financial crisis caused by the subprime mortgage crisis in 2007 has plunged the U.S. economy into the worst recession since the Great Depression of the 1930s. The crisis was transmitted from the United States to the world at a rapid speed, bringing great losses to the global economy. This paper reviews the changes of the legal system of financial supervision in the United States, studies the situation of the legal system of financial supervision in the United States immediately before the outbreak of the financial crisis, and summarizes the emergency response measures taken by the US government and Congress after the outbreak of the crisis. And the current Obama administration is carrying out the reform of the financial regulatory legal system, and then to improve the legal system of financial supervision in China. In the 1930s, the strict financial supervision model of "separate operation, separate supervision" created by Roosevelt made the American financial industry and the entire economy experience a stable development period of nearly half a century. However, in the second half of the 20th century, the financial "deregulation" became more and more intense. < 1999 Modern Act of Financial Services > formally changed the mode of separate operation, and "deregulation" reached its climax, to a certain extent, For the financial crisis laid the legal root of the disaster. Before the crisis, although the number of financial regulators in the United States is huge, but inefficient and flawed, such an incomplete regulatory system is also one of the root causes of the financial crisis. In the wake of the financial crisis, Congress passed three emergency bills and regulators responded with emergency measures. After Obama took office, he even published a white paper on the reform of the legal system of financial supervision, systematically putting forward proposals for the reform of the financial supervision system. Subsequently, the government, the House of Representatives, and the Senate introduced one after another a comprehensive bill on the reform of the financial regulatory system. A vote is now pending. There is no doubt that the current financial crisis has made the American financial regulatory authorities reflect on the problems existing in the financial supervision system. This paper summarizes and evaluates its reform measures and trends, and puts forward some suggestions for improving the legal system of financial supervision in China.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D971.2;DD912.28
本文编号：2169560
[Abstract]:The financial crisis caused by the subprime mortgage crisis in 2007 has plunged the U.S. economy into the worst recession since the Great Depression of the 1930s. The crisis was transmitted from the United States to the world at a rapid speed, bringing great losses to the global economy. This paper reviews the changes of the legal system of financial supervision in the United States, studies the situation of the legal system of financial supervision in the United States immediately before the outbreak of the financial crisis, and summarizes the emergency response measures taken by the US government and Congress after the outbreak of the crisis. And the current Obama administration is carrying out the reform of the financial regulatory legal system, and then to improve the legal system of financial supervision in China. In the 1930s, the strict financial supervision model of "separate operation, separate supervision" created by Roosevelt made the American financial industry and the entire economy experience a stable development period of nearly half a century. However, in the second half of the 20th century, the financial "deregulation" became more and more intense. < 1999 Modern Act of Financial Services > formally changed the mode of separate operation, and "deregulation" reached its climax, to a certain extent, For the financial crisis laid the legal root of the disaster. Before the crisis, although the number of financial regulators in the United States is huge, but inefficient and flawed, such an incomplete regulatory system is also one of the root causes of the financial crisis. In the wake of the financial crisis, Congress passed three emergency bills and regulators responded with emergency measures. After Obama took office, he even published a white paper on the reform of the legal system of financial supervision, systematically putting forward proposals for the reform of the financial supervision system. Subsequently, the government, the House of Representatives, and the Senate introduced one after another a comprehensive bill on the reform of the financial regulatory system. A vote is now pending. There is no doubt that the current financial crisis has made the American financial regulatory authorities reflect on the problems existing in the financial supervision system. This paper summarizes and evaluates its reform measures and trends, and puts forward some suggestions for improving the legal system of financial supervision in China.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D971.2;DD912.28
【引证文献】
相关硕士学位论文 前2条
1 胡文通;论金融消费者的法律保护[D];重庆大学;2011年
2 饶玮;金融消费者保护法律制度研究[D];天津财经大学;2012年
，本文编号：2169560
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