试论《金融稳定法》在中国的制度构建——兼析国际金融危机背景下各国的法律

Discussion on the Institutionalized Establishment of Financial Stability Act in Our Nation:Analysis of Some Countries'Financial Laws against the Global Financial Crisis

该文通过对主要国家稳定金融的举措和国际惯例的实证分析,认为有必要制定一部适合中国国情的《金融稳定法》,其内容包括金融市场准入和退出机制、信息披露机制、公共资金救助机制、预警机制以及国际合作与交流等诸多方面的法律处置方法,以此来应对国际金融危机的负面影响,达到保障金融秩序的和谐与稳定的价值目标。

Financial stability depends on the construction of infrastructure, and legal system is particularly important, which provides institutionalized protection for the supervision of financial activities and fends against financial crisis systematically. According to the analysis on some major countries＇ initiatives to stabilize the financial market and general international practices, this paper concludes that it＇ s necessary to draft Financial Stability Act that fits the condition of our nation, and such a law should include varieties of legal measures, such as financial market admittance and exit mechanism, information disclosure mechanism, public financial assistance mechanism, early warning mechanism, as well as international cooperation and exchanges and so on. With the help of such a law, we can cope with the negative impacts of the global financial crisis and achieve the value of protecting the harmony and stability of the financial order.