Annual Report on Financial Laws and Regulations of China: 2006

Chief Editor：Hu Bin and Quan Xianyin 

Deputy Chief Editor：Cao Shunming and Fan Yunhui 

Preface:

    As a series of annual reports by the Institute of Finance and Banking, Chinese Academy of Social Sciences, as well as the second batch of key findings of the financial law center and the Law and Financial Research room, the "Report of China’s Financial Law II" (hereinafter referred to as the "Law II") adhering to the consistent features with "documented facts", "Objective Review", and "financial and legal crossover study", further enrich the content, and strive to improve the depth and breadth of research. Compared with the "China Financial Law (2005)" ("Law I"), "Law II" reflects the following new features: Firstly, the staff of financial regulators join us and write professional papers concerning the current situation and the policy implications of financial regulation  secondly, the book adds more discussions on theories of Chjnese financial legislation from the academic prospective .Finally, the book provides forward expectation based on the analysis of  hot topics at present . Simply put, by analyzing the current situation, development of reforms in China systemically , The Book “Law II” aims at serving as reference guides for financial institutions to make decisions, providing research materials to financial scholars and offering basis for China’s regulatory authorities to drew up policies.

Table of Contents:

Chapter I: Annual progress reviews
    1.1 banking
    1.2 the securities and futures industry
    1.3 the insurance industry
    1.4 the fund industry
    1.5 the trust industry
    1.6 foreign exchange control

Chapter II: High-level perspective
    2.1 vigorously promote financial legal system, and strive to cultivate a good credit culture
    2.2 drawing on international experience in insurance regulation, strengthen the corporate governance of insurance legislation
    2.3 a number of legal construction of China's banking sector problems
    2.4 the advice to improve the financial environment of legal

Chapter III: Financial regulation
    3.1 effective governance structure to build an insurance company: International Experience and China choice
    3.2 the banking regulatory law - environment, structure and path selection
    3.3 the China Banking Regulatory policy development ideas and directions
    3.4 improve the legal system, and maintain financial stability
    3.5 the international experience of microfinance institutions and regulatory practice in China
    3.6 on the construction of China's commercial banks consolidated operating and legal regulatory regime
    3.7 the hedge fund industry and regulators: Experience and Implications

Chapter IV: The front theory
    4.1 build an effective deposit insurance system in China: Issues and Design
    4.2 comment on the executive power inherent in the capital markets and overcome the limitations
    4.3 the dynamic inconsistency with the government's reputation: An Economic Analysis of China Financial Crime
    4.4 Defects and Reconstruction of Financial insolvency legislation
    4.5 the study accident compensation insurance infringement of the "transition period"
    4.6 the international trend of finite risk reinsurance supervision and our reference
    4.7 the legal analysis in order to fund assets in equity financing pledge

Chapter V: Hot comments
    5.1 Review of China's modified "Company Law"
    5.2 the impact of securities law, corporate law amendments to the takeover of a listed company analysis
    5.3 the cornerstone of the system and healthy development of the fund industry - revised impact assessment fund industry two laws
    5.4 the law of equity division reform Comment
    5.5 the legal analysis in the equity division reform warrants Application
    5.6 the Shanghai and Shenzhen stock markets warrants the creation of institutional analysis

Chapter VI: Case studies
    6.1 factor of financial ecology of judicial – the thinking of "Chongqing ABC case"
    6.2 the fragility of the bank's internal control system - "Shanxi 7 • 28 bills fraud case series" Reflection
    6.3 to strengthen supervision of state-owned shares abroad - "China Aviation Oil" Affair
    6.4 financial derivatives legislation - the legislative blind spots reflected from "State Reserve copper" incident 
    6.5 the necessity of insurance supervision - Corporate Governance "stumble in the Han and Tang Dynasties Events" Dialysis
    6.6 "Insurance Law" Article 67 of the legislative intent to explore and apply - "safe one million exclusions case" legal analysis
    6.7 under the sub-sector institutional financial holding company regulation - "Kinghing closure event" Inspiration
    6.8 legal analysis of information security for credit card customers - Thinking from the US credit card account data leakage incidents
    6.9 analysis and reflection in "Shenzhen Development illegal loan case"
    6.10 Comments on the acquisition of listed companies Case in 2005
    6.11 law revelation of Deron’s rise and fall
    6.12 several legal issues bank card SMS fraud analysis