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金融投资者保护

发布时间:2020-12-30 02:37:42

❶ 证券法的保护投资者合法权益基本原则。

法律总是倾斜保护弱者的利益,在证券市场中,投资者,由其是专中小投资者,由于信息不对属称、持股比例相对较小,相比于控股股东和公司管理层,其一般处于弱势地位。为此,投资者的合法权益需要重点保护。

投资者的合法权益受到全方位的保护,意味着证券市场交易是安全稳定的。从而,其他投资者对市场就用信心,入市的资金和人数也会相应地增加。由此观之,保护投资者的权益主要目的在于让投资者树立信心。因为,投资者保护不仅关系到证券市场制度的规范和发展,而且也关系到整个经济的稳定增长。

至于投资者保护对证券法、金融法以及金融市场的运行的意义,主要体现在两个方面:其一,保护投资者合法权益能防止损害中小投资者利益的行为,维护市场的安全,保持一个相对稳定的交易环境;其二,保护投资者合法权益能够促进市场的成熟化,加快市场监管体系的构建和发展,并及时发现监管中出现的问题,影响未来相关领域立法的趋势。

希望有所帮助!

❷ 出于保护投资者,尤其是大型投资者的利益,大多数国家和地区的政府监管机构,行业自律组织以及金融企业不

应该是保护中小投资者的利益。这是我国《证券法》里的内容。

❸ 2013年4月19日,下调证券公司缴纳证券投资者保护基金比例,券商股整体板块连涨几天

2013年4月19号券商股整体板块下跌了很长一段时

❹ 求(金融危机,如何保护证券投资者利)论文资料

Financial crisis
From Wikipedia, the free encyclopedia
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For the 2008– crisis, see Global financial crisis of 2008–2009.
The term financial crisis is applied broadly to a variety of situations in which some financial institutions or assets suddenly lose a large part of their value. In the 19th and early 20th centuries, many financial crises were associated with banking panics, and many recessions coincided with these panics. Other situations that are often called financial crises include stock market crashes and the bursting of other financial bubbles, currency crises, and sovereign defaults.[1][2]

Many economists have offered theories about how financial crises develop and how they could be prevented. There is little consensus, however, and financial crises are still a regular occurrence around the world.

Contents [hide]
1 Types of financial crises
1.1 Banking crises
1.2 Speculative bubbles and crashes
1.3 International financial crises
1.4 Wider economic crises
2 Causes and consequences of financial crises
2.1 Strategic complementarities in financial markets
2.2 Leverage
2.3 Asset-liability mismatch
2.4 Uncertainty and herd behavior
2.5 Regulatory failures
2.6 Fraud
2.7 Contagion
2.8 Recessionary effects
3 Theories of financial crises
3.1 World systems theory
3.2 Minsky's theory
3.3 Coordination games
3.4 Herding models and learning models
4 History
5 See also
6 Literature
7 References
8 External links

[edit] Types of financial crises

[edit] Banking crises
Main article: Bank run
When a bank suffers a sudden rush of withdrawals by depositors, this is called a bank run. Since banks lend out most of the cash they receive in deposits (see fractional-reserve banking), it is difficult for them to quickly pay back all deposits if these are suddenly demanded, so a run may leave the bank in bankruptcy, causing many depositors to lose their savings unless they are covered by deposit insurance. A situation in which bank runs are widespread is called a systemic banking crisis or just a banking panic. A situation without widespread bank runs, but in which banks are reluctant to lend, because they worry that they have insufficient funds available, is often called a credit crunch. In this way, the banks become an accelerator of a financial crisis.[3]

Examples of bank funds include the run on the Bank of the United States in 1931 and the run on Northern Rock in 2007. The collapse of Bear Stearns in 2008 has also sometimes been called a bank run, even though Bear Stearns was an investment bank rather than a commercial bank. The U.S. savings and loan crisis of the 1980s led to a credit crunch which is seen as a major factor in the U.S. recession of 1990-91.

[edit] Speculative bubbles and crashes
Main articles: Stock market crash and Bubble (economics)
Economists say that a financial asset (stock, for example) exhibits a bubble when its price exceeds the present value of the future income (such as interest or dividends that would be received by owning it to maturity).[4] If most market participants buy the asset primarily in hopes of selling it later at a higher price, instead of buying it for the income it will generate, this could be evidence that a bubble is present. If there is a bubble, there is also a risk of a crash in asset prices: market participants will go on buying only as long as they expect others to buy, and when many decide to sell the price will fall. However, it is difficult to tell in practice whether an asset's price actually equals its fundamental value, so it is hard to detect bubbles reliably. Some economists insist that bubbles never or almost never occur.[5]

Well-known examples of bubbles (or purported bubbles) and crashes in stock prices and other asset prices include the Dutch tulip mania, the Wall Street Crash of 1929, the Japanese property bubble of the 1980s, the crash of the dot-com bubble in 2000-2001, and the now-deflating United States housing bubble.[6][7]

[edit] International financial crises
When a country that maintains a fixed exchange rate is suddenly forced to devalue its currency because of a speculative attack, this is called a currency crisis or balance of payments crisis. When a country fails to pay back its sovereign debt, this is called a sovereign default. While devaluation and default could both be voluntary decisions of the government, they are often perceived to be the involuntary results of a change in investor sentiment that leads to a sudden stop in capital inflows or a sudden increase in capital flight.

Several currencies that formed part of the European Exchange Rate Mechanism suffered crises in 1992-93 and were forced to devalue or withdraw from the mechanism. Another round of currency crises took place in Asia in 1997-98. Many Latin American countries defaulted on their debt in the early 1980s. The 1998 Russian financial crisis resulted in a devaluation of the ruble and default on Russian government bonds.

[edit] Wider economic crises
Main articles: Recession and Depression (economics)
Negative GDP growth lasting two or more quarters is called a recession. An especially prolonged recession may be called a depression, while a long period of slow but not necessarily negative growth is sometimes called economic stagnation.

Declining consumer spendings.Since these phenomena affect much more than the financial system, they are not usually considered financial crises per se. But some economists have argued that many recessions have been caused in large part by financial crises. One important example is the Great Depression, which was preceded in many countries by bank runs and stock market crashes. The subprime mortgage crisis and the bursting of other real estate bubbles around the world is widely expected to lead to recession in the U.S. and a number of other countries in 2008.

Nonetheless, some economists argue that financial crises are caused by recessions instead of the other way around. Also, even if a financial crisis is the initial shock that sets off a recession, other factors may be more important in prolonging the recession. In particular, Milton Friedman and Anna Schwartz argued that the initial economic decline associated with the crash of 1929 and the bank panics of the 1930s would not have turned into a prolonged depression if it had not been reinforced by monetary policy mistakes on the part of the Federal Reserve,[8] and Ben Bernanke has acknowledged that he agrees.[9]

[edit] Causes and consequences of financial crises

[edit] Strategic complementarities in financial markets
Main articles: Strategic complementarity and Self-fulfilling prophecy
It is often observed that successful investment requires each investor in a financial market to guess what other investors will do. George Soros has called this need to guess the intentions of others 'reflexivity'.[10] Similarly, John Maynard Keynes compared financial markets to a beauty contest game in which each participant tries to predict which model other participants will consider most beautiful.[11]

Furthermore, in many cases investors have incentives to coordinate their choices. For example, someone who thinks other investors want to buy lots of Japanese yen may expect the yen to rise in value, and therefore has an incentive to buy yen too. Likewise, a depositor in IndyMac Bank who expects other depositors to withdraw their funds may expect the bank to fail, and therefore has an incentive to withdraw too. Economists call an incentive to mimic the strategies of others strategic complementarity.[12]

It has been argued that if people or firms have a sufficiently strong incentive to do the same thing they expect others to do, then self-fulfilling prophecies may occur.[13] For example, if investors expect the value of the yen to rise, this may cause its value to rise; if depositors expect a bank to fail this may cause it to fail.[14] Therefore, financial crises are sometimes viewed as a vicious circle in which investors shun some institution or asset because they expect others to do so.[15]

[edit] Leverage
Main article: Leverage (finance)
Leverage, which means borrowing to finance investments, is frequently cited as a contributor to financial crises. When a financial institution (or an indivial) only invests its own money, it can, in the very worst case, lose its own money. But when it borrows in order to invest more, it can potentially earn more from its investment, but it can also lose more than all it has. Therefore leverage magnifies the potential returns from investment, but also creates a risk of bankruptcy. Since bankruptcy means that a firm fails to honor all its promised payments to other firms, it may spread financial troubles from one firm to another (see 'Contagion' below).

The average degree of leverage in the economy often rises prior to a financial crisis. For example, borrowing to finance investment in the stock market ("margin buying") became increasingly common prior to the Wall Street Crash of 1929.

[edit] Asset-liability mismatch
Main article: Asset-liability mismatch
Another factor believed to contribute to financial crises is asset-liability mismatch, a situation in which the risks associated with an institution's debts and assets are not appropriately aligned. For example, commercial banks offer deposit accounts which can be withdrawn at any time and they use the proceeds to make long-term loans to businesses and homeowners. The mismatch between the banks' short-term liabilities (its deposits) and its long-term assets (its loans) is seen as one of the reasons bank runs occur (when depositors panic and decide to withdraw their funds more quickly than the bank can get back the proceeds of its loans).[14] Likewise, Bear Stearns failed in 2007-08 because it was unable to renew the short-term debt it used to finance long-term investments in mortgage securities.

In an international context, many emerging market governments are unable to sell bonds denominated in their own currencies, and therefore sell bonds denominated in US dollars instead. This generates a mismatch between the currency denomination of their liabilities (their bonds) and their assets (their local tax revenues), so that they run a risk of sovereign default e to fluctuations in exchange rates.[16]

[edit] Uncertainty and herd behavior
Main articles: Economic psychology and Herd behavior
Many analyses of financial crises emphasize the role of investment mistakes caused by lack of knowledge or the imperfections of human reasoning. Behavioral finance studies errors in economic and quantitative reasoning. Psychologist Torbjorn K A Eliazonhas also analyzed failures of economic reasoning in his concept of 'œcopathy'.[17]

Historians, notably Charles P. Kindleberger, have pointed out that crises often follow soon after major financial or technical innovations that present investors with new types of financial opportunities, which he called "displacements" of investors' expectations.[18][19] Early examples include the South Sea Bubble and Mississippi Bubble of 1720, which occurred when the notion of investment in shares of company stock was itself new and unfamiliar,[20] and the Crash of 1929, which followed the introction of new electrical and transportation technologies.[21] More recently, many financial crises followed changes in the investment environment brought about by financial deregulation, and the crash of the dot com bubble in 2001 arguably began with "irrational exuberance" about Internet technology.[22]

Unfamiliarity with recent technical and financial innovations may help explain how investors sometimes grossly overestimate asset values. Also, if the first investors in a new class of assets (for example, stock in "dot com" companies) profit from rising asset values as other investors learn about the innovation (in our example, as others learn about the potential of the Internet), then still more others may follow their example, driving the price even higher as they rush to buy in hopes of similar profits. If such "herd behavior" causes prices to spiral up far above the true value of the assets, a crash may become inevitable. If for any reason the price briefly falls, so that investors realize that further gains are not assured, then the spiral may go into reverse, with price decreases causing a rush of sales, reinforcing the decrease in prices.

[edit] Regulatory failures
Main articles: Financial regulation and Bank regulation
Governments have attempted to eliminate or mitigate financial crises by regulating the financial sector. One major goal of regulation is transparency: making institutions' financial situations publicly known by requiring regular reporting under standardized accounting proceres. Another goal of regulation is making sure institutions have sufficient assets to meet their contractual obligations, through reserve requirements, capital requirements, and other limits on leverage.

Some financial crises have been blamed on insufficient regulation, and have led to changes in regulation in order to avoid a repeat. For example, the Managing Director of the IMF, Dominique Strauss-Kahn, has blamed the financial crisis of 2008 on 'regulatory failure to guard against excessive risk-taking in the financial system, especially in the US'.[23] Likewise, the New York Times singled out the deregulation of credit default swaps as a cause of the crisis.[24]

However, excessive regulation has also been cited as a possible cause of financial crises. In particular, the Basel II Accord has been criticized for requiring banks to increase their capital when risks rise, which might cause them to decrease lending precisely when capital is scarce, potentially aggravating a financial crisis.[25]

[edit] Fraud
Main articles: Ponzi scheme and Securities fraud
Fraud has played a role in the collapse of some financial institutions, when companies have attracted depositors with misleading claims about their investment strategies, or have embezzled the resulting income. Examples include Charles Ponzi's scam in early 20th century Boston, the collapse of the MMM investment fund in Russia in 1994, the scams that led to the Albanian Lottery Uprising of 1997, and the collapse of Madoff Investment Securities in 2008.

Many rogue traders that have caused large losses at financial institutions have been accused of acting fraulently in order to hide their trades. Fraud in mortgage financing has also been cited as one possible cause of the 2008 subprime mortgage crisis; government officials stated on Sept. 23, 2008 that the FBI was looking into possible fraud by mortgage financing companies Fannie Mae and Freddie Mac, Lehman Brothers, and insurer American International Group.[26]

[edit] Contagion
Main articles: Financial contagion and Systemic risk
Contagion refers to the idea that financial crises may spread from one institution to another, as when a bank run spreads from a few banks to many others, or from one country to another, as when currency crises, sovereign defaults, or stock market crashes spread across countries. When the failure of one particular financial institution threatens the stability of many other institutions, this is called systemic risk.[27]

One widely-cited example of contagion was the spread of the Thai crisis in 1997 to other countries like South Korea. However, economists often debate whether observing crises in many countries around the same time is truly caused by contagion from one market to another, or whether it is instead caused by similar underlying problems that would have affected each country indivially even in the absence of international linkages.

[edit] Recessionary effects
Some financial crises have little effect outside of the financial sector, like the Wall Street crash of 1987, but other crises are believed to have played a role in decreasing growth in the rest of the economy. There are many theories why a financial crisis could have a recessionary effect on the rest of the economy. These theoretical ideas include the 'financial accelerator', 'flight to quality' and 'flight to liquidity', and the Kiyotaki-Moore model. Some 'third generation' models of currency crises explore how currency crises and banking crises together can cause recessions.[28]

❺ 证券投资者保护基金是什么

1、证券投资者保护基金全称中国证券投资者保护基金有限责任公司,于2005年8月30日登专记属成立,由国务院独资设立,证监会、财政部、央行有关人士出任董事,与2005年9月29日正式开业,又被简称为中投保。证券投资者保护基金公司的经营范围包括证券公司被撤销、关闭和破产或被证监会采取行政接管、托管经营等强制性监管措施时,按照国家有关政策对债权人予以偿付。
2、按照章程,证券投资者保护基金公司董事会负责公司的重大决策,负责筹集、管理和使用基金资金,并按照安全、稳健的原则履行对基金的管理职责,保证基金的安全。
3、保护基金公司是国务院批准设立的国有独资金融机构,性质为非营利性企业法人,主要负责证券投资者保护基金的筹集、管理和使用。保护基金公司归口中国证监会管理。
4、为建立证券公司退出机制,保护投资者合法权益,筹集、管理和运作,证券投资者保护基金建立防范和处置证券公司风险的长效机制,促进我国资本市场改革和稳定发展。

❻ 被金融诈骗集团诈骗的投资者有没有受到法律保护

如果你知道你被诈骗了并且已经报案了,受法律保护,如果没有报案而且案子破了那也与你无关

❼ 证券投资者保护基金管理办法的基金筹集

基金的来源:
(一)上海、深圳证券交易所在风险基金分别达到规定的上限后,交易经手费的20%纳入基金;
(二)所有在中国境内注册的证券公司,按其营业收入的0.5—5%缴纳基金;
经营管理、运作水平较差、风险较高的证券公司,应当按较高比例缴纳基金。各证券公司的具体缴纳比例由基金公司根据证券公司风险状况确定后,报证监会批准,并按年进行调整。证券公司缴纳的基金在其营业成本中列支;
(三)发行股票、可转债等证券时,申购冻结资金的利息收入;
(四)依法向有关责任方追偿所得和从证券公司破产清算中受偿收入;
(五)国内外机构、组织及个人的捐赠;
(六)其他合法收入。 证券公司应当缴纳的基金,按照证券公司佣金收入的一定比例预先提取,并由中国证券登记结算有限责任公司(以下简称结算公司)代扣代收。证券公司应在年度审计结束后,根据其审计后的收入和事先核定的比例确定需要缴纳的基金金额,并及时向基金公司申报清缴。
不从事证券经纪业务的证券公司,应在每季后10个工作日内按该季营业收入和事先核定的比例预缴。每年度审计结束后,确定年度需要缴纳的基金金额并及时向基金公司申报清缴。 基金的用途为:
(一)证券公司被撤销、关闭和破产或被证监会实施行政接管、托管经营等强制性监管措施时,按照国家有关政策规定对债权人予以偿付;
(二)国务院批准的其他用途。 基金公司应依法合规运作,按照安全、稳健的原则履行对基金的管理职责,保证基金的安全。
基金的资金运用限于银行存款、购买国债、中央银行债券(包括中央银行票据)和中央级金融机构发行的金融债券以及国务院批准的其他资金运用形式。 证监会负责基金公司的业务监管,监督基金的筹集、管理与使用。
财政部负责基金公司的国有资产管理和财务监督。
中国人民银行负责对基金公司向其借用再贷款资金的合规使用情况进行检查监督。 基金公司应建立信息报告制度,编制基金筹集、管理、使用的月报、季报信息,报送证监会、财政部、中国人民银行。
基金公司每年应向财政部专题报告财务收支及预、决算执行情况,接受财政部的监督检查。
基金公司每年应向中国人民银行专题报告再贷款资金的使用情况,接受中国人民银行的监督检查。 证券公司、托管清算机构应按规定用途使用基金,不得将基金挪作他用。
基金公司对使用基金的情况进行检查,并可委托中介机构进行专项审计。接受检查的证券公司或托管清算机构及有关单位、个人应予以配合。 本办法由证监会会同财政部、中国人民银行负责解释。

❽ 证券投资者保护基金制度是什么

证券投资者保护基金由证券公司缴纳的资金及其他依法筹集的资金组成,其筹集、管理内和使用的具体办法由国容务院规定。

证券投资者保护(或补偿)制度类似于存款保险制度,是资本市场发达国家和地区普遍建立的一种保护证券投资者的基本制度,也是证券市场监管体制中不可缺少的重要环节。

❾ 证券投资者保护基金的用途是什么

基金的监督管理及运作。证券投资者保护基金有限公司公司应依法合规运作,按照内安全、稳健的原容则运用基金资产,并接受证监会等相关部委的监督。基金的资金运用限于银行存款、购买国债、中央银行债券(包括中央银行票据)和中央级金融机构发行的金融债券以及国务院批准的其他资金运用形式。

基金来源:

(1)上海、深圳证券交易所在风险基金分别达到规定的上限后,交易经手费的20%纳入基金。

(2)所有在中国境内注册的证券公司,按其营业收入的0.5--5%缴纳基金,经营管理和运作水平较差、风险较高的证券公司,应当按较高比例缴纳基金;各证券公司的具体缴纳比例由基金公司根据证券公司风险状况确定后,报中国证监会批准,并按年进行调整;证券公司缴纳的基金在其营业成本中支出。

(3)发行股票、可转债等证券时,申购冻结资金的利息收入。

(4)依法向有关责任方追偿所得和从证券公司破产清算中受偿收入。

(5)国内外机构、组织及个人的捐赠。

(6)其他合法收入。

频道。

环球青藤友情提示:以上就是[ 证券投资者保护基金的用途是什么? ]问题的解答,希望能够帮助到大家!

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