1. Principle of legal liability
That is to say, when an act that violates the provisions of financial laws occurs, the actor's responsibility should be investigated according to the nature, scope, degree, duration and method prescribed by law in advance.
2. The principle of justice
Justice is fairness and justice. The basic requirements of the principle of justice are: first, those who should bear legal responsibility for illegal acts must be investigated; Secondly, the responsibility is compatible with the degree of illegality, that is, the type and intensity of legal responsibility must be consistent with the social harmfulness of the illegal act, the subjective malice of the actor and the responsibility ability; Third, everyone is equal before the law.
3. The principle of necessary procedural safeguards
The specific content of procedural guarantee is that the investigation of legal responsibility should fulfill certain legal procedures and give the parties the necessary right to participate in the procedure.
First, financial law is the general name of laws regulating financial relations. Financial relationship includes financial supervision relationship and financial transaction relationship. The so-called "financial supervision relationship" mainly refers to the supervision and management relationship between the government financial authorities and financial institutions, financial markets, financial products and financial transactions. The so-called "financial transaction relationship" mainly refers to the relationship between financial institutions, between financial institutions and the public, and between the public in various financial markets such as money market, securities market, insurance market and foreign exchange market.
Second, under the general name of financial law, laws related to financial supervision and financial transactions can be divided into specific categories such as banking law, securities law, futures law, negotiable instruments law, insurance law, and foreign exchange management law. Financial trust belongs to the category of financial law, and ordinary and general trusts belong to the category of civil law.
Three, China does not have a separate law named after the "financial law". A specific law involving finance is usually named after the name of the financial industry involved. For example, China People's Bank Law and Commercial Bank Law. At present, China has promulgated quite a number of financial laws and regulations. By the end of 2000, the National People's Congress had promulgated a 1 financial law, that is, the People's Bank of China Law.
Fourthly, financial law is a law to adjust the relationship between financial transactions and financial supervision, so it has more obvious macro-control than other commercial laws and civil laws. The financial law stipulates four elements of financial relations, namely, market access, business scope, interest rate exchange rate and qualification examination. As the above factors have a direct or indirect impact on the national economy, the role of financial law in macro-control is more obvious than other laws.
5. The macro-control of financial law also involves the international financial market. For example, the security of the international financial system, the cooperation of international anti-money laundering actions, the opening of the international financial service trade market, international financial settlement, international financial market transactions, international financing activities, international exchange rate agreements and alliances, information exchange and cooperation between countries where foreign banks are located and countries where their head offices are located, and electronic and digital networking of international finance have all made financial law develop from domestic law to international cooperation law.
6. Standards for the establishment of financial institutions formulated by the competent financial department of the government, also known as financial market access qualifications. Due to the high risk and systematicness of financial market, governments all over the world have strict examination of financial market access qualifications, and all of them have stipulated higher access qualifications.