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Research Paper on Legal Supervision of Internet Financial Innovation Product Yu 'ebao
Abstract: Internet finance and financial Internet are emerging formats of market economy, and China is no exception. More and more financial product innovations have emerged, which are constantly impacting the original financial supervision system and the Internet society. Practitioners in the financial industry, represented by Wall Street, constantly create various financial products that meet the needs of social development and investors. When the world entered the Internet era, Internet finance flourished with the help of the east wind of Internet technology. Internet finance can generally refer to all behaviors that use Internet technology and Internet virtual communities to realize the intermediary role of traditional funds. As far as China is concerned, the innovation of Internet finance mainly appears in the following areas: First, payment methods; Second, financial products; Third, product sales channels; Fourth, the financial institutions themselves. Compared with the traditional financial industry, the risks of internet finance are reflected in three aspects: first, the development of internet financial supervision cannot keep up with the development of internet finance; Second, compared with traditional financial institutions, Internet financial risks are only much more; Third, China's financial marketization is low, and the motivation for the in-depth development of Internet finance is insufficient. At present, China is faced with the embarrassing situation that traditional financial supervision is inefficient and there are many blind spots in Internet financial supervision. Therefore, its establishment should give consideration to efficiency, fairness and safety; Give consideration to both the market and the country; Give consideration to both financial factors and internet factors; Learn from mature regulatory experience; Strictly abide by the principle of regulatory bottom line thinking and set specific rules for Internet financial supervision. As the latest and hottest Internet financial innovation in China, Yu 'ebao should be a new type of Internet fund in legal nature. Yu 'ebao has rewritten the development direction of China's fund industry, changed the sales methods and functional contents of financial products, and injected Internet factors into the traditional financial industry. Therefore, although Yu 'ebao still faces a series of risks such as the market risk of money fund and the security risk of the Internet, we should tolerate and even support its development. Therefore, a deposit insurance system suitable for Yu 'ebao should be established. Incorporate into the financial consumer rights protection fund; We should choose gold and silver banks to reserve risk funds, and at the same time, we need to strengthen our social credit management system. This paper is divided into four chapters except introduction and conclusion.

The first chapter discusses the relationship between financial innovation and the Internet, and mainly discusses that the Internet has become an accelerator of financial innovation, and the Internet is also a brand-new financial development field. Through internet technology and internet thinking, financial innovation can occur independently of the traditional financial industry. This paper mainly discusses the concept and characteristics of financial innovation, the characteristics of internet finance and the participants of internet finance. It is worth noting that participants in Internet finance should be divided into three categories: Internet enterprises engaged in Internet finance, Internet financial enterprises engaged in Internet finance and Internet financial enterprises engaged in Internet finance.

The second chapter discusses the current situation of Internet finance in China, including the mode induction of Internet finance innovation, the risk characteristics of Internet finance, the general theory of supervision and foreign experience. This chapter focuses on the risk characteristics of internet finance, which constitute the specific object of internet finance supervision in China.

The third chapter discusses China's current internet financial supervision system, focusing on the analysis of China's current legal difficulties and institutional obstacles, the current financial supervision situation, and puts forward five principles and specific mechanism design for establishing China's internet financial supervision mechanism.

The last chapter takes the development status and supervision of Yu 'ebao as the content, and mainly investigates the development process and legal attributes of Yu 'ebao. Through the analysis of Yu 'ebao's innovative ability, combined with the specific construction of the Internet financial supervision system discussed above, some legal supervision suggestions are put forward for Yu 'ebao.

Keywords: Internet financial innovation supervision and legal regulation

abstract

Financial Internet is a new industry all over the world, and China is no exception. A large number of financial products emerged through financial innovation, and began to impact the existing financial supervision system and the entire Internet community. The financial industry, represented by Wall Street, constantly creates these various financial products to meet the needs of investors and promote social development. When the world entered the Internet era, the financial Internet flourished. Financial Internet refers to all kinds of behaviors that play the role of financial intermediary through Internet technology. In China, there are four types of financial Internet: payment methods; Financial products; Product sales channels; Financial institutions themselves. Compared with the traditional financial industry, the risks of financial internet lie in: first, supervision can't keep up with the pace of financial internet; Second, Internet financial risks are greater than traditional financial risks; Third, the development in China is slow. At present, the country is facing the dilemma of the failure of traditional financial supervision and the vacuum of Internet financial supervision. In order to end this situation, we should establish a supervision system based on the principles of efficiency and fairness, safety and bottom line thinking.

The money market fund Yu 'ebao launched by Alipay has rewritten the development direction of China fund industry, changed the sales mode of financial products, and injected Internet factors into the traditional financial field. We should treat it more cautiously and formulate a series of regulatory measures, including some details and some macro regulations.

Besides the introduction and conclusion, it is divided into four chapters.

The first chapter discusses the relationship between financial innovation and the Internet, mainly discussing that the Internet has become the accelerator of financial innovation and the Internet is a new field of financial development. Through internet technology and internet thinking, financial innovation can be independent of the traditional financial industry. This paper mainly discusses the concept and characteristics of financial innovation and the financial characteristics of Internet and Internet financial participants. It is worth noting that the participants of Internet finance should be divided into three categories: Internet enterprises engaged in Internet finance, Internet financial enterprises engaged in Internet finance and Internet financial enterprises engaged in Internet finance.

The second chapter discusses the current situation and risk characteristics of Internet finance in China, including the innovative mode of Internet finance supervision, general theory and foreign experience. This chapter mainly discusses the risk characteristics of Internet finance, and the characteristics of the special object of Internet finance supervision in China.

The third chapter discusses China's current internet financial supervision system, analyzes the legal difficulties and institutional obstacles of current financial supervision, and puts forward five design principles and specific mechanisms for establishing China's internet financial supervision mechanism.

The last chapter takes the development and supervision of Yu 'ebao as the content, mainly investigates the development process and legal attributes of Yu 'ebao, and puts forward some suggestions on the legal supervision of Yu 'ebao through the analysis of Yu 'ebao's innovative ability and the concrete construction of the Internet financial supervision system discussed above.

Keywords: Internet financial innovation supervision and legal supervision

catalogue

abstract

abstract

1 quotation

1. 1 background and research significance of the topic.

1. 1. 1 topic background

The research significance of 1. 1.2

1.2 research status at home and abroad

Research status of 1.2. 1 in China

1.2.2 Research status abroad

1.3 research methods and innovation

The research methods and ideas of 1.3. 1

1.3.2 possible innovations in this paper

2 Financial innovation and Internet finance

2. 1 Overview of financial innovation

2. 1. 1 the concept of financial innovation

2. 1.2 characteristics of financial innovation

2. 1.3 Property nature of innovative financial products

2.2 Overview of Internet Finance

2.2. 1 Internet finance concept

2.2.2 Participants in Internet finance

2.2.3 The difference between Internet finance and traditional finance

3 China Internet Finance

3. 1 Internet innovation model

3. 1. 1 payment method

3. 1.2 wealth management products

3. 1.3 marketing channels

3. 1.4 financial institutions

3.2 Risk Characteristics of Internet Finance in China

3.2. 1 Internet financial supervision can't keep up with the development of Internet finance.

3.2.2 Internet financial risks are greater than those of traditional financial institutions.

3.2.3 Internet finance has insufficient motivation to develop in depth.

3.3 General theory of financial supervision

3.3. 1 Competition between innovation and regulation

3.3.2 Foreign Supervision Experience-East-West Version

4 China Internet financial supervision system construction

4. 1 Legal Dilemma and Institutional Obstacles

4. 1. 1 The security of internet finance is both a basic and a complex issue.

4. 1.2 The financial problem of Internet finance is the core problem and the most difficult problem to solve.

4.2 Current situation of financial supervision in China

4.2. 1 Internet financial innovation imitates obviously.

4.2.2 Financial innovation supervision mechanism is slow to respond to financial innovation.

4.2.3 The development of financial supervision mechanism is not mature enough.

4.3 Regulatory principles

4.3. 1 Give consideration to efficiency, fairness and safety.

4.3.2 Considering both the market and the country.

4.3.3 Consider both financial factors and Internet factors.

4.3.4 Learn from mature regulatory experience.

4.3.5 Strictly observe the regulatory bottom line.

4.4 The specific content of the supervision mechanism

4.4. 1 subject supervision mechanism

4.4.2 Auxiliary supervision mechanism

5 legal regulation of Yu 'ebao's innovation

5. The legal attribute of1Yu 'ebao

5. 1. 1 Development of Yu 'ebao

5. 1.2 Features of Yu 'ebao

5. 1.3 Legal relationship of Yu 'ebao

5.2 The innovative value of Yu 'ebao

5.2. 1 Yu 'ebao rewrote the development direction of China fund industry.

5.2.2 Yu 'ebao has changed the sales methods and functions of financial products.

5.2.3 Yu 'ebao injects Internet factors into the traditional financial industry.

5.3 Legal supervision of Yu 'ebao

5.3. 1 Yu 'ebao Risk

5.3.2 Necessity of legal supervision of Yu 'ebao

5.3.3 Reference of American "Yuebao" Supervision Model

5.3.4 Suggestions on legal supervision of China Yu 'ebao

conclusion

refer to