ECFA下海峡两岸金融领域合作法律研究
发布时间：2018-11-07 17:17
【摘要】：本文拟对海峡两岸金融领域内的合作之法律制度沿革和现状进行对比,探究ECFA协议签署后两岸金融合作法制建设的方向,分析ECFA给两岸金融合作法制建设带来的机遇和挑战,研究借鉴CEPA内容和实践情况完善两岸金融合作法制建设的可能性,为建设海峡两岸金融合作法制提出建议。 全文共分为导言和正文两个部分。正文分为四章。 第一章考察了大陆和台湾金融合作及其法制建设的状况,介绍了大陆和台湾各自关于两岸金融合作主要法律法规的内容。该章首先回顾了海峡两岸近年来的金融合作发展情况,两岸间的金融合作水平还处于比较低级的阶段,其原因主要在于台湾当局对与大陆进行金融交流与合作持消极的态度,造成两岸金融合作一直无法顺利发展,处于一种单向、不对称的状态中,这也是两岸金融合作法制建设一直没有得到完善的主要原因之一。ECFA协议签署后,两岸迎来金融合作的黄金时期,当务之急是尽快完善两岸金融合作的法制建设,为大陆与台湾金融合作提供有力的制度保障。其次,该章介绍了大陆与台湾关于金融合作的一些主要法律法规。 第二章主要研究ECFA下两岸金融法制建设的方向。目前大陆方面的涉台金融法律法规层级不高,且没有一部专门的涉台金融法规。台湾则在2010年时颁布了“金融三法”,特别适用于与大陆的所有金融合作与交流。两岸目前的金融合作法制只局限于金融市场操作层面,需要完善金融执法惩处方面的法律制度。总之,ECFA签署后,两岸当局皆需修改现有的关于金融合作的法律法规,以满足金融合作快速发展的需要。但是,ECFA也给完善两岸金融合作法制建设带来了难得的机遇,两岸应借此加快建设金融监管合作的法律制度。同时,可以在大陆的特定领域,比如福建省,先行先试制订海峡两岸金融合作的法律制度,为推广到大陆全境积累立法和执法经验。 第三章分析借鉴CEPA完善海峡两岸金融合作法制建设的可行性。CEPA实施后,内地与港澳间的金融合作发展顺利,两地间金融合作的法制建设也有长足进步。而CEPA的主旨与内容与ECFA的目标及规定具有相似性,因而CEPA对于两岸金融合作法制建设具有现实的借鉴意义。 第四章通过考察两岸银行、证券、保险三大金融业合作的历史和现状,对完善这三大金融业合作的法制建设进行分析并提出建议。
[Abstract]:This paper compares the evolution and present situation of the legal system of the financial cooperation between the two sides of the Taiwan Strait, probes into the direction of the legal construction of the financial cooperation between the two sides after the signing of the ECFA Agreement, and analyzes the opportunities and challenges brought by the ECFA to the legal construction of the financial cooperation between the two sides of the strait. This paper studies the possibility of perfecting the legal system of cross-strait financial cooperation for reference to the content and practice of CEPA, and puts forward some suggestions for the construction of the legal system of financial cooperation between the two sides of the Taiwan Strait. The full text is divided into two parts: introduction and text. The text is divided into four chapters. The first chapter examines the situation of the financial cooperation between mainland and Taiwan and its legal construction, and introduces the contents of the main laws and regulations of the mainland and Taiwan on the financial cooperation between the two sides of the Taiwan Strait. This chapter first reviews the development of financial cooperation between the two sides of the Taiwan Strait in recent years. The level of financial cooperation between the two sides is still at a relatively low stage. The main reason is that the Taiwan authorities have a negative attitude towards financial exchanges and cooperation with the mainland. As a result, cross-strait financial cooperation has been unable to develop smoothly and is in a one-way and asymmetrical state. This is also one of the main reasons that the legal system for cross-strait financial cooperation has not been improved. After the signing of the ECFA Agreement, In the golden period of financial cooperation between the two sides of the Taiwan Strait, it is imperative to improve the legal system of financial cooperation between the two sides of the strait as soon as possible, so as to provide a strong institutional guarantee for the financial cooperation between the mainland and Taiwan. Secondly, this chapter introduces some major laws and regulations on financial cooperation between mainland and Taiwan. The second chapter mainly studies the direction of cross-straits financial legal system construction under ECFA. At present, the level of Taiwan-related financial laws and regulations is not high, and there is no special Taiwan-related financial regulations. In 2010, Taiwan promulgated the "three Financial Act", which is especially applicable to all financial cooperation and exchanges with the mainland. The current legal system of financial cooperation between the two sides of the strait is limited to the operation of the financial market, so it is necessary to perfect the legal system of financial law enforcement and punishment. In a word, after the signing of ECFA, authorities on both sides of the strait need to amend the existing laws and regulations on financial cooperation to meet the needs of rapid development of financial cooperation. However, ECFA also brings a rare opportunity to perfect the legal system of financial cooperation between the two sides of the strait, and the two sides should take this opportunity to speed up the construction of the legal system of financial supervision and cooperation. At the same time, in specific areas of the mainland, such as Fujian Province, we can first try to formulate a legal system for cross-strait financial cooperation, so as to accumulate legislative and law enforcement experience in order to extend it to the entire territory of the mainland. Chapter three analyzes the feasibility of perfecting the legal system of financial cooperation between the two sides of the Taiwan Strait by using CEPA for reference. After the implementation of CEPA, the financial cooperation between the mainland and Hong Kong and Macao has developed smoothly, and the legal construction of financial cooperation between the two places has also made great progress. The purport and content of CEPA are similar to the objectives and regulations of ECFA, so CEPA has practical significance for the construction of cross-strait financial cooperation legal system. The fourth chapter analyzes the history and present situation of the financial cooperation between banks, securities and insurance, and puts forward some suggestions on how to perfect the legal system of the three financial cooperation.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.28;D996.2
本文编号：2317030
[Abstract]:This paper compares the evolution and present situation of the legal system of the financial cooperation between the two sides of the Taiwan Strait, probes into the direction of the legal construction of the financial cooperation between the two sides after the signing of the ECFA Agreement, and analyzes the opportunities and challenges brought by the ECFA to the legal construction of the financial cooperation between the two sides of the strait. This paper studies the possibility of perfecting the legal system of cross-strait financial cooperation for reference to the content and practice of CEPA, and puts forward some suggestions for the construction of the legal system of financial cooperation between the two sides of the Taiwan Strait. The full text is divided into two parts: introduction and text. The text is divided into four chapters. The first chapter examines the situation of the financial cooperation between mainland and Taiwan and its legal construction, and introduces the contents of the main laws and regulations of the mainland and Taiwan on the financial cooperation between the two sides of the Taiwan Strait. This chapter first reviews the development of financial cooperation between the two sides of the Taiwan Strait in recent years. The level of financial cooperation between the two sides is still at a relatively low stage. The main reason is that the Taiwan authorities have a negative attitude towards financial exchanges and cooperation with the mainland. As a result, cross-strait financial cooperation has been unable to develop smoothly and is in a one-way and asymmetrical state. This is also one of the main reasons that the legal system for cross-strait financial cooperation has not been improved. After the signing of the ECFA Agreement, In the golden period of financial cooperation between the two sides of the Taiwan Strait, it is imperative to improve the legal system of financial cooperation between the two sides of the strait as soon as possible, so as to provide a strong institutional guarantee for the financial cooperation between the mainland and Taiwan. Secondly, this chapter introduces some major laws and regulations on financial cooperation between mainland and Taiwan. The second chapter mainly studies the direction of cross-straits financial legal system construction under ECFA. At present, the level of Taiwan-related financial laws and regulations is not high, and there is no special Taiwan-related financial regulations. In 2010, Taiwan promulgated the "three Financial Act", which is especially applicable to all financial cooperation and exchanges with the mainland. The current legal system of financial cooperation between the two sides of the strait is limited to the operation of the financial market, so it is necessary to perfect the legal system of financial law enforcement and punishment. In a word, after the signing of ECFA, authorities on both sides of the strait need to amend the existing laws and regulations on financial cooperation to meet the needs of rapid development of financial cooperation. However, ECFA also brings a rare opportunity to perfect the legal system of financial cooperation between the two sides of the strait, and the two sides should take this opportunity to speed up the construction of the legal system of financial supervision and cooperation. At the same time, in specific areas of the mainland, such as Fujian Province, we can first try to formulate a legal system for cross-strait financial cooperation, so as to accumulate legislative and law enforcement experience in order to extend it to the entire territory of the mainland. Chapter three analyzes the feasibility of perfecting the legal system of financial cooperation between the two sides of the Taiwan Strait by using CEPA for reference. After the implementation of CEPA, the financial cooperation between the mainland and Hong Kong and Macao has developed smoothly, and the legal construction of financial cooperation between the two places has also made great progress. The purport and content of CEPA are similar to the objectives and regulations of ECFA, so CEPA has practical significance for the construction of cross-strait financial cooperation legal system. The fourth chapter analyzes the history and present situation of the financial cooperation between banks, securities and insurance, and puts forward some suggestions on how to perfect the legal system of the three financial cooperation.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.28;D996.2
【引证文献】
相关期刊论文 前1条
1 王晓东;;ECFA视角下海峡两岸的金融合作[J];开放导报;2012年06期
，本文编号：2317030
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