The Systematic Construction of Financial Regulatory Law: Theoretical Foundation and Practical Path
Abstract
With the deepening opening of China's financial market and the rapid iteration of financial technology, the financial industry is showing characteristics of mixed operation, digitalization, and cross-border development. The fragmented financial regulatory legal system, which is mainly based on single laws and supplemented by patch rules, is no longer suitable for the development needs of modern financial governance. For a long time, China's financial regulation has adopted a problem-oriented emergency legislation model, relying on a large number of "measures" and "notices" to respond to phased financial governance issues. Although this has the advantage of being flexible and adaptable to market changes, it has also caused drawbacks such as loose regulatory norms, confused value logic, frequent rule conflicts, and insufficient institutional connections, which can easily lead to governance problems such as regulatory gaps, regulatory arbitrage, and regulatory lag. Against this background, promoting the systematic construction of a financial regulatory law is a core measure to improve modern financial rule of law, prevent systemic financial risks, and promote the modernization of financial governance. Based on the current situation of China's financial rule of law construction, this paper systematically explains the practical necessity of the systematic construction of a financial regulatory law, deeply analyzes the four core theoretical cornerstones of financial security, financial fairness, financial efficiency, and financial consumer protection, and builds a systematic practical path from four dimensions: intrinsic value, external rules, implementation guarantees, and international cooperation. Combining the current pain points of financial governance, it proposes feasible improvement strategies. The aim is to shift the financial regulatory legal norms from a fragmented collection to an organic and unified system, and to build a modern financial regulatory legal system that is logically consistent, hierarchically clear, adaptable to innovation, and capable of preventing and controlling risks [10].