Financial law study summary

The first unit
1. What is the adjustment target of the financial law? P4
A: The adjustment of financial law is financial relations. Financial relationship refers to the economic relationship between financial institutions engaged in financial activities in financial markets and financial parties. This kind of economic relationship is a special form of credit distribution. It uses financial instruments as the medium, financial institutions as the carrier, repayment as the condition, and credit as the driving force for the social and economic life such as production and management, circulation exchange, and distribution consumption. All areas.

2. Why is the financial law an important part of economic law?
A: Financial law is an important part of economic law and not other departments. First of all, this is determined by the economic nature of finance. Finance is "the core of the modern economy." Second, financial law has the general characteristics of the economic and legal departments. Third, it must also be pointed out that financial law has more of a national nature in socialist countries and has the color of public law.

3. How to understand that finance is the "core of the modern economy"?
A: Deng Xiaoping pointed out: "Finance is very important and is the core of the modern economy. Finance is doing well, and playing chess is alive and well."
It constitutes the production factors of the development of an economy, including labor, land, capital, human capital, entrepreneurs, and institutions. One of the most important production factors is capital. Capital corresponds to interest rate. Interest rate is a concept to measure the relationship between capital supply and demand. With interest rates, there is a market for transactions. Later, banks are too narrow, so there is a capital market that is stock market and debt. In the city, the emergence of the stock market bond market has emerged as a securities company and fund company relying on stock market investment. In the process of economic operation, economic institutions that can share risks are insurance companies and futures companies. And all of this is part of finance. Finance is the financing of funds, so it is especially important.

4. What is the role of financial law in preventing and defusing financial risks?
A: Finance and its legislation are important means to safeguard and supervise the healthy development of China's market economy. The financial law is the legal guarantee for China's foreign financial risks and internal financial risks, and is the legal basis for safeguarding financial security. In order to prevent and resolve foreign-related financial risks and solve the problems inherent in China's financial sector, in addition to the need to use economic and administrative means, especially legal means can be suppressed and resolved, by strengthening financial legislation and strengthening law enforcement, we can actually act according to objective laws. In order to ensure the sound operation of finance, economic security can only be ensured by maintaining financial security in accordance with the law.

5. What are the basic principles of China's financial legislation?
Answer: First, implement the principle of unified financial management and appropriate separate operation. 2. Adhere to the principle of stabilizing the value of the currency to promote economic development. 3. Improve the efficiency of capital utilization and safeguard the legitimate rights and interests of creditors. 4. Implement the principle of asset-liability ratio management and “three-sex”. Principle 5: Implement the principle of combining strict supervision, uniform transparency and judicial “review”

6. Briefly describe the main body and scope of financial legal relations.
A: The subject of financial legal relationship refers to the parties involved in financial legal relations, enjoy rights, and assume obligations. Specifically: the Central Bank, the China Banking Regulatory Commission, policy banks, commercial banks and other financial institutions, economic organizations, institutions, social groups, natural persons, and national governments.

7. What are the contents of the financial legal relationship?
A: The content of the financial legal relationship refers to the rights and obligations of the subject of financial legal relations, including:
The relationship of power and responsibility in currency issuance.
The relationship of rights and responsibilities in cash and gold and silver management.
The relationship of rights and obligations in lending.
Rights and obligations in exchange and settlement.
The relationship of rights and obligations in investment finance leases.
The relationship between the issuance and trading of securities and the rights and obligations of venture capital guarantees.
The rights and obligations of banks and banks in doing business with other financial institutions.

8. What are the legal facts that have caused changes in financial legal relationships?
A: Financial legal facts are the facts that cause, create, change and eliminate financial legal relationships. Including, first, behavior, refers to the legal facts that are transferred by the will of the person. The second is the event, which refers to the fact that it is not transferred by the will of the person.

9. What are the responsibilities of the Central Bank of China?
A: The duties of the Central Bank are as follows:
Issue and enforce orders and regulations related to their duties;
Formulate and implement monetary policy in accordance with the law;
Issue RMB and manage RMB circulation;
Supervise the management of the interbank lending market and the interbank bond market;
Implement foreign exchange management and supervise and manage the inter-bank foreign exchange market;
Supervise and manage the gold market;
Holding, managing and operating national foreign exchange reserves and gold reserves;
Manager's treasury;
Maintain the normal operation of the payment and clearing system;
Guide and deploy anti-money laundering work in the financial industry, and be responsible for the detection of funds for anti-money laundering;
Responsible for statistics, investigation, analysis and forecasting of the financial industry;
As the national central bank, engaged in relevant international financial activities;
Other duties as stipulated by the State Council.

10. Briefly describe the legal status of the central bank.
A: The People's Bank of China is the central bank of the People's Republic of China. It is the national bank and issuing bank of China. Under the leadership of the State Council, it independently implements monetary policy, performs its duties, and conducts business. It is not subject to local government or government departments at all levels. Intervention by social groups and individuals. It plays an important role in the regulation of the country and in optimizing resource allocation and maintaining financial stability.

11. What is the goal of China's monetary policy?
A: The main goal is to keep the currency value stable. The goal of subordination is to promote economic growth.

12. What are the tools of China's monetary policy?
A: The People's Bank of China can use the following monetary policy tools to implement monetary policy:
Require banking financial institutions to deposit deposit reserve in accordance with the prescribed ratio;
Determine the central bank benchmark interest rate;
Rediscount for banking financial institutions that open accounts with the People's Bank of China;
Provide loans to commercial banks;
Buying and selling government bonds and other government bonds and financial bonds and foreign exchange on the open market;
Other monetary policy tools identified by the State Council.

13. What are the regulatory targets and main responsibilities of the China Banking Regulatory Commission?
A: The object of banking supervision:
The supervision of commercial banks, urban and rural credit cooperatives, rural credit cooperatives and policy banks that absorb public deposits is the main target of banking supervision;
The supervision of non-bank financial institutions in China is another important object of banking supervision; such as financial asset management companies, trust and investment companies, financial companies, financial leasing companies and other financial institutions approved by the banking regulatory authorities of the State Council.
Supervision of the business activities of foreign banks that have been approved to absorb public deposits in China, and the supervision of financial institutions established outside China.
China's banking regulatory authorities should perform the following main duties:
In accordance with laws and administrative regulations, the Bank's financial institutions and their business activities that have an important impact on the financial order of the banking industry and their business activities are regulated and published in accordance with the conditions stipulated by laws and administrative regulations. The program examines and approves the establishment, change, termination, and business scope of the banking financial institution. The business scope of the banking financial institution is examined and approved according to the regulations, and the business activities of the banking financial institution are examined and supervised. Banking financial institutions' supervision and management rating system and risk early warning mechanism. According to the rating and risk status of banking financial institutions, determine the frequency and scope of on-site inspections and other measures to be taken to establish the discovery and report of banking emergencies. The post responsibility system shall uniformly compile the statistical data and statements of the national banking financial institutions, and publicize other duties in accordance with relevant state regulations, such as guiding and supervising the activities of the banking industry self-regulatory organizations, and conducting international exchanges related to banking supervision and management. , Cooperation activities

14. What is policy finance and commercial finance?
A: Policy finance generally refers to the use of special financial means in the relevant professional or development areas, directly in support of the implementation of the country's economic and social policies, and the direct investment projects are often Some social benefits are good, but the bank's own benefits are not high, but it is also a project with national policy needs and repayment ability.
Commercial finance refers to the general term for banking institutions, activities and management of commercial financial business. It is a financial business with operating deposits as its main business and profitability, liquidity and safety as its main operating principles.

15. What is the status and mission of the China Development Bank?
A: The Development Bank is a policy-oriented financial institution directly under the leadership of the State Council. It is a legal person who undertakes the policy-based financial business of key construction projects invested by the state. For the national key construction projects in which the investment is arranged, the total amount of funds and the capital structure. The configuration has the responsibility of macro regulation.
The main tasks of the development bank are: to establish long-term and stable sources of funds in accordance with national laws, regulations, guidelines and policies, and to raise and guide social funds for national key construction. The investment project does not leave a funding gap and is used to support the construction of policy projects and supporting projects for large and medium-sized infrastructure and technological transformation of national infrastructure, basic industries and pillar industries. Control and adjust the total amount of fixed assets investment from the source of funds, optimize the investment structure, and gradually establish investment constraints and risk responsibility mechanisms to improve investment efficiency and promote sustained, rapid and healthy development of the national economy.

16. Briefly describe the concept and basic characteristics of commercial banks.
A: A commercial bank is a bank issued by a country or region, a social zone or a financial center bank, a multinational bank, a financial institution that provides all financial services, or a funded product.
Commercial banks have the following three characteristics:
A commercial bank is a legal person established by law. A commercial bank is a corporate legal person for profit. A commercial bank is a corporate legal entity that mainly operates monetary business.

17. What are the basic principles for the operation and management activities of commercial banks in China?
A: Commercial banks are based on the principles of safety, liquidity and efficiency. This principle of three sexes is the basic principle of commercial bank business activities. The business dealings between commercial banks and customers should follow the principles of equality, voluntariness, fairness and good faith.
The “three-sex” principle of commercial bank management, the principle of asset-liability ratio management,
Principle of Equality between Commercial Banks and Customers Principles of Fair Competition of Commercial Banks and Principles of Compliance with Legal Principles Principles of Moderate Separate Management of Commercial Banks

18. What is a bank asset business? What kinds of it does it include?
A: Commercial bank asset business generally includes cash assets, credit assets, trading securities assets, fixed assets and discounted assets. The asset business is the business of using funds by commercial banks. It is the main source of revenue for banks and the most important and core business of banks. According to China's commercial banking law, credit, trading of government bonds, and discounted bills are the main contents of commercial banks' asset business.

19. What is a discounted bill? What is re-discounting and rediscounting?
A: Discounted bills refer to bill holders