How to realize the coordination and good governance of financial justice and financial supervision is the core issue in the process of national financial legal construction. The application of financial supervision rules in civil and commercial adjudication is the bridge for their coordination, which is of great significance in maintaining substantial justice, overcoming market failure, and providing supplementary rules. At present, the intervention of financial supervision rules in civil and commercial adjudication is faced with challenges such as insufficient theoretical logic, unclear boundary limits, and unclear specific approaches. From the perspective of public-private partnership regulation, the application of financial supervision rules in civil and commercial adjudication can complement the ability to deal with professional problems, policy judgment in the time dimension, and regulation of illegal behaviors; from the perspective of responsive regulation, it is necessary to clarify the corresponding boundary limits of financial supervision rules in civil and commercial adjudication, so as to effectively resolve financial risks and achieve optimal deterrence. The Provisions on the Citation of Judicial Documents point out that regulations cannot be directly cited as a basis for judgments in civil adjudication, and must undergo a “legal and effective review” before serving as a reasoning basis. In fact, the hidden rules behind it are that financial supervision rules must have some “connection” with the adjudication basis, and the “connection” is the channel for financial supervision rules to intervene in civil and commercial adjudication. At present, the Supreme People’s Court emphasizes that efforts should be made to solve the problems of different financial trials, which are caused by difficulties in the identification of substantive legal relationship, the identification of contract effectiveness, and the responsibility of financial institutions. The judicial application of financial supervision rules can be used as a breakthrough to solve the above difficulties. After the filtering mechanism of legal and effective review, we should construct a systematic approach for the application of financial supervision rules in civil and commercial adjudication: At the level of legal facts, financial supervision rules can penetrate the appearance of financial commercial transactions and identify the hidden substantive legal relationship; at the level of contract effectiveness, financial supervision rules can shape the effectiveness of commercial contracts through the dual perspective of “illegal and invalid” and “contrary to vulgarity and invalid”; at the level of civil liability, financial supervision rules can be used as an important basis to define the civil liability of the financial institution and its partners.
/ Journals / Journal of Shanghai University of Finance and Economics
Journal of Shanghai University of Finance and Economics
LiuYuanchun, Editor-in-Chief
ZhengChunrong, Vice Executive Editor-in-Chief
GuoChanglin YanJinqiang WangWenbin WuWenfang, Vice Editor-in-Chief
A Research on the Application of Financial Supervision Rules in Civil and Commercial Adjudication
Journal of Shanghai University of Finance and Economics Vol. 26, Issue 06, pp. 137 - 152 (2024) DOI:10.16538/j.cnki.jsufe.2024.06.010
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Qian Yuwen, Guo Jiangxue. A Research on the Application of Financial Supervision Rules in Civil and Commercial Adjudication[J]. Journal of Shanghai University of Finance and Economics, 2024, 26(6): 137-152.
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