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Model essay on graduation thesis of finance
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Model essay on graduation thesis of finance 1

Research on Legal System of Rural Financial Supervision

China's rural financial system plays a very important role in improving the allocation of monetary resources, serving agriculture and rural construction, and prospering Socialism with Chinese characteristics's market economy. In order to ensure that the core role of finance can be played more effectively, run more efficiently and effectively prevent and control risks in the financial field, it is urgent to improve the legal supervision system of rural finance. At present, the design of China's rural financial legal system still has a strong color of planned economy and administrative intervention, which leads to financial repression. At present, the reform has only made some partial adjustments in the mechanism, but has not implemented comprehensive and in-depth changes in the institutional system and core content, resulting in many problems in the specific operation of the formal system. Implementing a correct and reasonable legal system of rural financial supervision can not only effectively prevent the risks of financial institutions, but also improve the efficiency of financial services, which is an important guarantee to ensure the rapid and stable development of China's rural economy.

1 Problems in the Legal System of Rural Financial Supervision in China

(A) there is no perfect legal system of rural financial supervision.

(1) The current legal system of financial supervision is not complete and systematic. At present, China's financial supervision legislation mainly includes the People's Bank Law, the Commercial Bank Law, the Insurance Law, the Securities Law and the Banking Supervision and Management Law, all of which have made provisions on financial supervision. However, there are often a large number of principled provisions in the above legislation, but there are no specific operational provisions. At the same time, the content of supervision is too simple, which lags far behind the actual development of China's financial industry and continues to develop with the development of China's rural financial market. For some new financial services and financial products, especially private financing in rural areas, there is still a lack of certain legal provisions. For usury, it is only restricted according to the sense of public morality in traditional society, but from the overall structure of today's financial supervision legal system, the proportion of regulations is too large and the implementation lacks sufficient authority. At the same time, among all the normative laws and regulations that constitute the current legal system of financial supervision, departmental regulations account for a large proportion, and once implemented, they lack authority.

(2) The operability of legal norms is not strong enough. At present, China's financial supervision system covers market access, market supervision and market withdrawal. However, it is relatively principled and lacks corresponding implementation rules, which is not feasible.

(B) The concept of fair competition is lacking in rural financial supervision.

The system should not only arrange the rights resources efficiently and reasonably, but also arrange the rights resources more fairly, so as to realize the equal protection of the rights of all kinds of financial market subjects. The financial market that lacks the goal of fairness and justice is not a modern financial market, and the legal system of financial supervision that is divorced from the concept of justice is not an institutional arrangement advocated by modern legal system. The current legal system of rural supervision reflects the indifference and injustice to private capital and non-public banks. The author thinks that private capital and state-owned capital are different forms of social capital, but they should enjoy the same national treatment respectively. The supervision mechanism of rural private lending should actively promote and reflect the formation and development of the supervision mechanism of private lending, rather than protecting the special interests of a few market entities.

Ignoring or even ignoring the financial rights of people in rural areas

For a long time, China's financial legal system regards financial problems as problems in economic development, that is, problems in resource allocation. In the specific system design, people's livelihood security is not well considered, and even citizens' right to free financing is sacrificed for financial stability. Although the China Municipal Government has fully recognized and adopted the way of micro-loans, allowing the establishment of village banks and loan companies to increase the supply of rural funds as much as possible, these are basically reforms at the level of specific means, and the basic concept of the whole rural financial supervision mechanism has not changed fundamentally. Due to the limitations of the legal system of rural financial market supervision, rural financial resources are in short supply. At present, the distribution of financial resources in China is obviously unbalanced, and many rural funds flow out, which greatly weakens the supply capacity of rural finance in China, and also causes the shortage of financial resources for rural vulnerable groups, especially rural small and micro enterprises and farmers. China's rural financial market supervision system restricts the new development of rural financial market to a great extent, which leads to the fact that China's rural areas have not really formed a modern rural financial supervision system that can face different customers and different demand levels and provide significantly different financial services. As a result, the types of rural financial products and financial services in China are monotonous, and it is difficult to meet the diversified and multi-level financial service needs in China's new rural construction, which further leads to farmers' inability to share the fruits of financial reform.

2 strategies to further improve the legal system of rural financial supervision in China

(A) the formation of a sound legal system of rural financial supervision

Modern finance belongs to the category of rule of law, and the supervision of financial market by government power is mainly realized by adjusting and standardizing the legal system of financial supervision. A sound legal system is an important prerequisite for regulatory agencies to implement supervision according to law, and its focus lies in the direct relationship between regulatory performance and the perfection and quality of financial regulatory legislation. In order to better promote the healthy development of China's rural financial market. With the continuous improvement of the quality of rural financial services in China, we should actively adapt to the new changes in the rural financial market and establish and improve the legal system of rural financial supervision in a timely and effective manner. Specifically, in the future, China should actively strengthen the basic construction of rural financial supervision, actively comply with the trend requirements in the development of China's rural financial market, and thus improve China's rural financial supervision legal system.

(l) It is necessary to improve the main legal system of rural financial supervision in time, formulate specific implementation rules corresponding to it, so as to enhance operability, and clean up relevant legal systems, especially abolish or modify unsuitable clauses.

(2) According to the specific development and supervision of China's rural financial market and the trend of China's rural financial market reform, a reasonable legal system is formed to make up for the blank in the legislative field of China's rural financial supervision.

(3) Actively conform to the trend of China's rural financial reform and development, based on ensuring the safety of China's rural financial market and promoting the development of rural capital market, formulate a modern rural financial supervision legal system that takes into account effectiveness, operability and corresponding foresight, realize the supervision of rural financial markets, and maintain the sustainable development of rural economy and social stability.

(2) Focus on the legal work concept of fair protection.

Financial supervision was born according to the needs of economic development, and its main goal is to promote economic development. Moreover, the security of the financial industry is not an important goal of financial supervision, nor is it the ultimate goal of the existence and development of the current financial industry. From this perspective, the ultimate goal of rural financial supervision should be to fully meet the prosperity and development of rural financial industry, so as to promote the more stable development of China's social economy and enhance social welfare. Due to the special economic and social structure of rural areas in China, rural finance is not entirely in the category of commercial finance. The main purpose of modern rural financial mechanism should be to promote rural residents in China to obtain development opportunities and achievements more fairly.

Ensure the realization of citizens' financial rights.

The right to subsistence and development is an important part of human rights. It is the basic value orientation that all laws must adhere to to to earnestly safeguard and guarantee the right to subsistence and development of China citizens. The essence of finance is to provide financing for people's production and life and effectively protect people's livelihood. In Socialism with Chinese characteristics's market economy, subjects and interests are increasingly diversified, and a large number of citizens enter the market to engage in production and business activities, because capital has become an important condition for people to carry out production and business operations, especially in rural areas, financing has become an important condition for citizens' survival and development, and financing rights have become one of the basic components of citizens' rights to subsistence and development. At present, the allocation of financial resources in China is obviously unbalanced and unreasonable, and it is quite difficult for small and medium-sized enterprises and farmers to raise funds. Farmers and rural businessmen's demand for funds has never been met, and private lending is more prominent in solving people's livelihood problems. In this sense, the regulatory system can strictly limit the existence of even several types of informal financial institutions and comprehensively punish private borrowers. Therefore, the essence of the legal system construction of rural financial supervision in China is to provide corresponding protection for citizens' financing, rather than simply excluding or inhibiting the flow of funds.

(4) Strengthen the supervision system and implement financial innovation.

The main functions of rural financial supervision in China on financial innovation are as follows:

(1) The formulation of financial supervision mechanism should be forward-looking. The policies and measures of financial supervision should adapt to the future development trend of China's financial industry. In order to effectively prevent and control financial risks and financial crises, China's financial regulators should fully consider the future innovation of financial markets and the changes of financial institutions' assets in the process of formulating stability indicators of financial institutions. At the same time, it is necessary to improve the rural financial supervision and early warning system, strengthen the social monitoring of the financial system, and ensure the stable operation of the rural financial system.

(2) Vigorously encourage rural financial innovation. The influence of financial supervision is varied, so we should give full play to its enthusiasm as much as possible, that is, encourage the implementation of financial innovation, and at the same time try our best to restrain its negative side, that is, control negative financial innovation. Only in this way can financial supervision be used to make financial innovation a new force to promote financial reform.

(3) Improve the rural financial supervision mode. Because financial supervision departments are usually slow to respond to the disadvantages of financial innovation, while financial industry associations are quite sensitive, the supervision of financial innovation needs to rely more on the implementation of internal supervision, so as to adjust financial supervision in time, thus adapting to financial innovation and realizing new development.

3 Conclusion

To sum up, the legal system of rural financial supervision, as an important part of China's financial supervision system, is of great significance for maintaining the healthy, stable and sustainable development of China's rural financial market. Influenced by the dual financial structure of urban and rural areas, the legal system of rural financial supervision in China is facing an increasingly complicated situation. At present, the legal system of rural financial supervision in China not only undertakes the important task of maintaining the stability of China's overall financial situation, but also completes the major challenge of effectively solving the shortage of rural financial resources in China, which requires us to attach great importance to the legal construction of rural financial supervision and effectively ensure the sustainable development of rural finance in China.

Model essay on graduation thesis of finance II

Analysis and countermeasures of money laundering caused by third-party payment

Compared with the traditional financial service mode, Internet financial service has the advantages of low cost, convenience and time saving. Third-party payment, as a financial service form relying on actual e-commerce transactions and using online payment, has been successful in China. The amount and scale of financial services paid by third parties have increased year by year, and the level of services has been expanding. For example, the market capital management of enterprises has become a service field in which third-party payment is involved. This paper will start with the operation mode of third-party payment, analyze the money laundering problems caused by third-party payment based on the goal of anti-money laundering risk prevention and control, and put forward corresponding countermeasures, so as to establish a perfect money laundering risk prevention and control system of third-party payment and promote the healthy development of third-party payment business.

First, an overview of third-party payment theory

(A) the definition of third-party payment

Third-party payment is attached to commercial activities, and independent institutions that carry out third-party payment financial services participate in trading services between commercial institutions or individuals with low trust between the two parties through online platforms. In practice, after the buyer pays, the relevant funds go first? Deposit? On the third-party payment platform, the supplier delivers the goods, and then pays the payment to the supplier's account through notice without any dispute over the buyer's receipt. Third-party payment mostly depends on e-commerce activities and the credit of cooperative banks, and there is no credit problem to some extent.

(B) The development status of third-party payment services in China

In China, third-party payment includes online payment, electronic currency issuance and settlement, inter-bank settlement of bank cards and bills, and a number of collection and payment services. In addition, third-party payment still exists in some enterprises with relatively large product sales and good reputation, mainly in the form of prepaid card business, and third-party payment service transactions are handled through system terminals. In terms of profit model, the profit sources of China's third-party payment platforms mainly come from fees and customers' reserves, and the third-party payment platforms will set fees and profit sharing standards for traditional commercial banks. With the fierce competition in the third-party payment market, some third-party payment companies are even operating at a loss in order to increase market share, and China further restricts third-party payment companies from using customer reserves to carry out other commercial activities. In this state, third-party payment companies actively explore business models to expand profit sources, but at present, the competition among third-party payment companies still stays in the competition of price, service quality and value-added service fees, and the third-party payment companies have not yet formed a clear business operation process.

Second, the third-party payment model of money laundering risk analysis

(A) the difficulty of supervision caused by the confidentiality of online payment

It is true that the rise of the Internet has brought great convenience to payment services and increased the trust of both parties to the transaction. However, compared with the payment method of direct remittance, the third-party payment institutions have not established a perfect customer identity audit mechanism in the transaction process, so it is easier to conduct anonymous transactions directly through the e-commerce platform and easily cross the identity audit supervision system of the banking system. The source of transaction funds is difficult to trace, which opens a gap for money laundering. In the process of verifying money laundering cases, it is difficult to accurately verify the transactions of some virtual goods, and the transaction process is relatively secret. Some criminals can realize illegal funds such as gambling and drug trafficking through third-party trading platforms? Wash it yourself? .

(2) Incomplete transaction records lead to difficulties in verification.

In the process of third-party payment transaction, for the sake of customer information security, the identity information of both parties to the transaction is generally protected by network keys. However, in the process of monitoring and verification of money laundering cases, the way of tracking transaction records is mostly adopted, and the user data and transaction record protection mechanism supported by network information technology increases the difficulty of case verification. Secondly, through online transactions, it is difficult for the trading platform to fully control the location, time and other information of the transaction, which makes the transaction record information limited and increases the difficulty of investigating anti-money laundering cases in the field of third-party payment.

(3) Relevant laws and regulations need to be improved.

In recent years, the third-party payment market has developed rapidly, but the laws and regulations related to third-party payment based on anti-money laundering are not perfect. The lack of targeted legislation makes it difficult to investigate the legal responsibility of money laundering crimes on third-party payment platforms. The lag of laws and regulations is an important factor that makes it difficult to supervise and investigate the third-party payment market. People's Republic of China (PRC) Anti-Money Laundering Law is the first special law against money laundering in China, but this law is not the same as this one.

Three. suggestion

(1) Strengthen the supervision of third-party payment enterprises for the purpose of anti-money laundering.

The first is source management, which improves the market access threshold of third-party payment enterprises. Financial regulators should strengthen the examination of third-party payment enterprises in the licensing process, including the examination of information system construction and customer information audit software and hardware, encourage financial innovation in strict accordance with the requirements of the Measures for the Administration of Payment Services of Non-financial Institutions, and reduce the difficulty of investigating anti-money laundering cases. Third-party payment institutions should improve the construction of information systems, improve the ability to review and collect customer identity information, credit status, business scope and other information, and effectively cooperate with relevant institutions in the supervision and investigation of anti-money laundering behavior. All trading entities should also do a good job in collecting customer information in the process of business development, and all parties should cooperate to establish an information system with the participation of anti-money laundering regulatory agencies to ensure the normal development of anti-money laundering supervision, so as to collect perfect evidence when a case occurs. Third-party payment enterprises should constantly improve the anti-money laundering detection system, strengthen technical capabilities, and improve the integrity of the transaction information platform.

(2) Strengthen the construction of anti-money laundering technical team.

It is necessary not only to establish a talent team with professional information management knowledge in the anti-money laundering supervision department, but also to improve the sensitivity of business personnel and technicians to anti-money laundering crimes through education and training. With perfect knowledge of payment business and anti-money laundering technology, they can find suspicious transaction information and form effective supervision and management of money laundering.

(3) Commercial banks should strengthen the supervision of reserves.

Third-party payment mainly depends on the transfer of funds by banks, and commercial banks are the actual managers of reserve funds. Therefore, commercial banks should improve the management system of reserve funds paid by third parties, monitor the reserve funds in real time, make use of the information advantages of the white body, comprehensively analyze all kinds of transaction information of reserve funds accounts, and feed back the illegal operation to the financial supervision institutions in time to form a timely warning of transaction risks.

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