金融危机的法律防范
发布时间：2018-08-24 08:13
【摘要】：本文从分析金融危机的爆发原因入手，主张从公法与私法（民商法）两个层面上构建防范金融危机的法律机制。作者指出，政府干预过多过滥，不可能有效地预防和化解金融危机和经济危机，为防范金融风险，政府干预市场经济的法律形式必须限制在五个层次上。本文还从民商法的视角提出了防范金融危机的法律对策，即：积极稳妥地完成全部国有专业银行的公司制改革；对国有独资商业银行和国家控股的商业银行全面推行强制担保贷款制度；及早改变目前过分依赖于商业银行的危险局面，依法鼓励发展直接资本市场；尽快建立公司重整制度，，实施公司拯救计划，避免公司、企业不必要的破产；预防泡沫经济，必须预防泡沫企业的滋生和蔓延；强化商业银行、证券公司、证
[Abstract]:Starting with the analysis of the causes of the financial crisis, this paper proposes to construct a legal mechanism to prevent the financial crisis from the two levels of public law and private law (civil and commercial law). The author points out that excessive and excessive government intervention cannot effectively prevent and resolve financial crisis and economic crisis. In order to prevent financial risks, the legal form of government intervention in market economy must be restricted to five levels. This paper also puts forward legal countermeasures to prevent financial crisis from the perspective of civil and commercial law, that is, to actively and steadily complete the corporate system reform of all state-owned professional banks; To fully implement the compulsory guarantee loan system for wholly state-owned commercial banks and state-controlled commercial banks; to change as soon as possible the dangerous situation of over-reliance on commercial banks at present, to encourage the development of direct capital markets according to law; and to establish a corporate restructuring system as soon as possible. Implement company rescue plan, avoid unnecessary bankruptcy of company and enterprise; prevent bubble economy, must prevent bubble enterprise from breeding and spreading; strengthen commercial bank, securities company, certificate
【作者单位】： 中国社会科学院法学研究所
【分类号】：F832.0,F832.0
[Abstract]:Starting with the analysis of the causes of the financial crisis, this paper proposes to construct a legal mechanism to prevent the financial crisis from the two levels of public law and private law (civil and commercial law). The author points out that excessive and excessive government intervention cannot effectively prevent and resolve financial crisis and economic crisis. In order to prevent financial risks, the legal form of government intervention in market economy must be restricted to five levels. This paper also puts forward legal countermeasures to prevent financial crisis from the perspective of civil and commercial law, that is, to actively and steadily complete the corporate system reform of all state-owned professional banks; To fully implement the compulsory guarantee loan system for wholly state-owned commercial banks and state-controlled commercial banks; to change as soon as possible the dangerous situation of over-reliance on commercial banks at present, to encourage the development of direct capital markets according to law; and to establish a corporate restructuring system as soon as possible. Implement company rescue plan, avoid unnecessary bankruptcy of company and enterprise; prevent bubble economy, must prevent bubble enterprise from breeding and spreading; strengthen commercial bank, securities company, certificate
【作者单位】： 中国社会科学院法学研究所
【分类号】：F832.0,F832.0
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