Essay代写：America's antitrust laws condone policy

下面为大家整理一篇优秀的essay代写范文- America's antitrust laws condone policy，供大家参考学习，这篇论文讨论了美国的反托拉斯法宽恕政策。纵观美国反托拉斯法的历史，在1978年，美国反托拉斯法部门发布了他们的第一部宽恕政策，但是这一部宽恕政策可以说是完全失败的，没有一个非法卡特尔被此部宽恕政策所适用。美国反托拉斯法部门前后发布了1978年的宽恕政策，1993年的公司宽恕政策以及1994年的个人宽恕政策。这些宽恕政策的主要目的是揭发越来越多的非法卡特尔，并打击非法反垄断活动。显然这些宽恕政策发挥了有效的作用，快速的揭发了更多的非法卡特尔。

Throughout the history of antitrust law in the United States, antitrust law authorities have issued the first forgiveness policy in 1978, the corporate forgiveness policy in 1993, the personal forgiveness policy in 1994, and the simulated forgiveness policy letter. The main aim of the 1978 leniency policy was to encourage cartel members to self-report their anti-monopoly violations to antitrust authorities. In 1993, the company's forgiveness policy was announced. The U.S. department of justice's antitrust division will provide the first opportunity to work with it and raise the issue.

Members of an illegal cartel who provide evidence to avoid punishment and a substantial fine. In 1994, the U.S. antitrust authorities issued a personal forgiveness policy. The primary purpose of the individual forgiveness policy is to provide an opportunity for individuals to avoid imprisonment, fines, and penalties if individuals cooperate with the antitrust investigation department and provide important evidence to the justice department.

Throughout the history of antitrust law in the United States, in 1978, the antitrust division of the United States issued its first policy of clemency, but this policy of clemency was arguably a complete failure, and no illegal cartel was ever subject to this policy of clemency. The policy of forgiveness in 1978.

The main aim is to encourage cartel members to self-report to antitrust authorities about their anti-monopoly violations. In 1993, the company's forgiveness policy was announced. The U.S. department of justice's antitrust division provides opportunities for the first illegal cartel to cooperate with it and provide evidence.

Members to avoid punishment, and huge fines. In 2005, the assistant attorney general Scott mentioned? Hammond: forgiveness antitrust division of the company policy has been the company's most effective survey tool. Cooperate with pardon policy applicants to uncover illegal cartels.

There are many other ways to break up illegal cartels. There are three prerequisites for the adoption and implementation of effective forgiveness policies. These preconditions are essential building blocks that must be in place before a jurisdiction can successfully implement its forgiveness policy. First, there is jurisdiction over antitrust law.

Those who participate in core cartel activities are so threatened with severe sanctions that they voluntarily report themselves. Second, antitrust authorities must make companies aware of the high risks of investigations if they do not report themselves in advance. Third, anti-cartels across jurisdictions.

To the extent possible, enforcement procedures must be transparent and predictable, giving companies a high degree of predictability about the benefits of working with antitrust authorities to expose illegal cartels and the consequences of not working with them. These three cornerstones - severe sanctions, great fear of being investigated, and in the United States.

A policy of transparency in law enforcement is an integral part of every effective policy of forgiveness.

The 1993 corporate forgiveness policy was improved and provided more opportunities for those who applied for forgiveness policy. Corporate forgiveness policy was released in 1993. It contains two types, type A forgiveness policy and type B forgiveness policy. Type A clemency applies before an antitrust investigation begins.

Relief will be granted to the company prior to the commencement of an investigation into an illegal antitrust activity if the company meets the following six conditions:

At the time the company presented the evidence, the antitrust authorities and the anti-monopoly activities have no information and evidence.

The company discovered cartel activity and acted quickly and effectively to end its involvement.

Throughout the course of the investigation, the company has ensured the candor and integrity of the reported wrongdoing, provided complete evidence, and continued cooperation with antitrust authorities to provide complete information and evidence.

An admission of wrongdoing is the behavior of an entire company, not the isolated testimony of individuals or officials.

Where possible, the company provides remedies to injured parties.

The company does not compel others to participate in the activities and is not the cartel leader or the initiator of the cartel activities.

If a company has been granted a corporate forgiveness policy, it may also apply for an individual forgiveness policy.

In 1994, the U.S. antitrust authorities issued a personal forgiveness policy. The primary purpose of the individual forgiveness policy is to provide an opportunity for individuals to avoid imprisonment, fines, and penalties if individuals cooperate with the antitrust investigation department and provide important evidence to the justice department. antitrust

The law department has also put forward the conditions and requirements of the personal forgiveness policy, and the requirements of the personal forgiveness policy are as follows:

The individual forgiveness policy will be granted to individuals who report illegal conduct to antitrust authorities before an antitrust investigation begins, if they meet the following conditions:

When individuals come forward to report illegal monopolistic practices, the division does not receive information on illegal activities reported from any other source;

Individuals report wrongdoing with candor and integrity, and continue to cooperate with antitrust authorities throughout the investigation, and provide complete information.

Individuals are not forcing others to engage in illegal activities and are not the leaders of cartels, or the initiators of cartels.

America's antitrust authorities issued pardons in 1978, 1993 for companies and 1994 for individuals. The main aim of these clemency policies is to expose the growing number of illegal cartels and to combat illegal antitrust activities. Obviously these pardons

The policy has worked, and it has uncovered more illegal cartels quickly and effectively.

51due留学教育原创版权郑重声明：原创essay代写范文源自编辑创作，未经官方许可，网站谢绝转载。对于侵权行为，未经同意的情况下，51Due有权追究法律责任。主要业务有essay代写、assignment代写、paper代写、作业代写服务。

51due为留学生提供最好的essay代写服务，亲们可以进入主页了解和获取更多essay代写范文 提供代写服务，详情可以咨询我们的客服QQ：800020041。

Assignment代写：American vocational education act

下面为大家整理一篇优秀的assignment代写范文- American vocational education act，供大家参考学习，这篇论文讨论了美国的职业教育法。美国非常注重结合经济社会和教育发展的内在需求，制定、更新职业教育法律，以保障各级各类职业学校能够有序、规范、高效地运行。1917年，美国颁布了著名的以资助中等层次职业技术教育为主要目标的《史密斯一休斯法案》，规定联邦拨款在中学设立职业教育课程，这标志着美国职业教育体系开始形成。

The United States attaches great importance to formulating and updating laws on vocational education in combination with the inherent needs of economic, social and educational development, so as to ensure the orderly, standardized and efficient operation of various vocational schools. From the perspective of the origin of American vocational education law, in 1962, the United States promulgated the famous "morell act", which established the status of agriculture, machinery and other practical disciplines in higher education. The morel act in 1862, the hatch act, 1887, 1917, the Smith a livermore act marked, such as the United States gradually in the higher education level construct technology education teaching, scientific research, promotion of a complete system, at the same time in the legislative thoughts, ideas and specific legislative technology, financing mode provides a model for subsequent federal legislation of vocational education. In 1917, the United States enacted the Smith hughes act, which aims to subsidize secondary vocational and technical education. It provides federal funds to set up vocational education courses in secondary schools, which marks the beginning of the formation of the American vocational education system.

After the second world war, the United States congress and successively passed a series of legislation to promote and standardize the development of vocational education, the vocational education law of concrete in 1963 and 1977 the youth employment and education demonstration plan act, the vocational training cooperation act in 1982, the employment training cooperation act in 1983, 1994 from the school to the jobs act. At present, the United States in the field of vocational education in the basic law for the ? Carl perkins, career and technical education act, the legislation of the earliest time for 1984 promulgated, respectively in 1998 and later was updated in 2006, is now in the implement is the 2006 revision of the "Carl d. perkins, career and technical education improvement act.

The Carl d. perkins career and technical education act of 2006 is divided into five parts, namely, bill description, state funding for career and technical education, technical preparatory education, general clauses and appendices, a total of 44 articles. Among them, the first part of the bill includes the purpose of the bill, the definition of relevant concepts, the transitional provisions for implementation, confidentiality, special provisions, prohibition, authorization of appropriations and other contents. The second part is the main content of the bill, including the allocation and quota, state provisions and local provisions. The third part is technology preparation education, including state-level fund allocation and application, fund combination, technology preparation project, alliance application, report, grant authorization and so on. The fourth part is the general provision, including the federal administration clause and the state administration clause. The last part is the appendix: technical amendments to other laws, mainly clarifying and explaining the amendments to other relevant legal texts.

The act attaches great importance to the clarification of "purpose". The second part of the bill is the "purpose", which is to "improve more comprehensively the academic, vocational and technical skills of secondary and post-secondary students who choose to enroll in career and technical education programs". To achieve this goal, the act calls for improving the quality of career and technical education, realizing the connection between secondary education and post-secondary education, improving the quality of career and technical education teachers, and carrying out lifelong vocational education. As its main language states: rely on state and local efforts to develop challenging academic and technical standards to help students meet those standards; To promote the development of services and activities that integrate rigorous and challenging academic, vocational and technical guidance and that bridge secondary and post-secondary education for students engaged in career and technical education; Increasing state and local flexibility in the provision of career education services and activities aimed at developing, implementing and improving career and technical education, including technical preparatory education; Conduct and disseminate national research and information on best practices for improving career and technical education programmes, services and activities; To upgrade state and local government leadership, initial training, and professional development, and to improve the quality of teachers, staff, administrators, and instructors in career and technical education; Support collaboration among secondary and post-secondary education institutions, bachelor's degree providers, regional career and technical education schools, local labor investment boards, businesses and industries, and intermediaries; To give students the opportunity throughout their lives to combine other educational and training programs to grow their knowledge and skills so that the United States remains competitive. These provisions indicate the basic concepts and requirements of vocational education in the United States, that is, in terms of educational objectives, the United States insists on cultivating students with strict academic and technical skills, pays attention to the cohesion between the top and the bottom in system construction, pursues flexibility and lifelong education methods, and strives to realize the universal character in educational objects.

The first part of the act clearly defines the related concepts involved, including management, career and technical education schools, career and technical education, employment guidance and academic consultation, qualified education institutions, higher education institutions, local education institutions, post-secondary education institutions and so on. On this basis, the main body of the bill is all about the implementation rules of providing financial support and evaluation for the career and technical education of state and local governments, as well as the provisions on the rights and responsibilities of governments at all levels, relevant educational institutions and educatees. All items require specific implementation. For those that fail to meet the implementation requirements, improvement and adjustment measures are specified, as well as specific punishment and accountability mechanisms.

Achieving efficient allocation of federal funds for career and technical education while promoting efficient use of these funds by state and local governments is the main goal and content of the act. The main content of the three parts of the bill is mainly from various angles of funding allocation, utilization, evaluation, accountability and other aspects.

First, in terms of allocation of funds, the bill defines the specific formula and proportion of allocation of funds. Secondly, in order to timely evaluate the progress of state and local grant recipients in career and technical education, and promote the efficient use of federal career and technical education grant, the bill focuses on the construction of accountability system, with "accountability" and "performance indicators" as its core features. As its first part is the main content of article 113 of the "accountability", which is the purpose of "accountability" is "to build and support for state and local performance accountability system, to assess the state and the eligible recipient to make progress in the field of career and technical education is effective, and optimize the federal money in the return on investment" in the vocational and technical education activities. In order to promote the implementation of the accountability system, the act also established the performance indicator system, emphasizing the implementation of vocational education and the use of vocational education funds in various states through complete, accurate and reliable information audit. Cut or waive federal funding for districts and schools that fail to meet performance targets. Specifically, the act aims at different levels of vocational education implementation and proposes to evaluate the implementation of career and technical education from two levels of state and local performance levels. According to different levels of education, the specific index system can be divided into three aspects: the core performance index of students in middle-level career and technical education, the core performance index of students in middle-level career and technical education, and other performance indicators.

First, the act places special emphasis on vocational education for special groups. Under the bill, these special groups include: individuals with disabilities; Persons from economically disadvantaged families, including foster children; Individuals trained for jobs in non-traditional fields; Single parents, including single pregnant women; Housewives who have left their jobs; A person with limited knowledge of English. The bill calls for special attention to the careers and technical education funding of these people and their performance. As a special requirement of section 112 of the act for state governments: "describe the planning strategies of qualified agencies for special populations, including the following for members of special populations -- who will have the same rights to participate in activities funded by this act; They will not be discriminated against because they are members of special groups; And will provide them with plans to enable special populations to meet or exceed the 'state-adjusted performance level' and to train special populations so that they can pursue further education and work in high-skilled, high-wage or high-demand jobs. Article 134 proposes, "to provide targeted career education services to special groups, including single parents and housewives who are forced to leave their jobs; Training for highly skilled, highly paid or highly demanding positions to enable them to be self-sufficient ". Secondly, the act also provides special provisions for the funding management of vocational education for ethnic minorities. As in articles 116 and 117 of part I, grants for Indian planning and post-secondary and technical education institutions under tribal control are provided for in particular as separate legal provisions. For example, the bill specifically authorizes a certain proportion of funds to be reserved for career technical education projects in remote areas, poor areas and indigenous Americans and other regions and populations. Among them, the bill specifically requires 0.13% of funds to be reserved for career technical education projects in remote areas such as Guam and palau. Section 116 requires that 1.5% of the funds be set aside for career and technology development projects for indigenous people in areas such as Alaska, Indian and Hawaii, 1.25% for native American tribes or tribal organizations, and 0.25% for native hawaiians. In addition to the money set aside, the remaining money would be divided among the three age groups in the state, according to the bill.

The rights and responsibilities of the federal, state and local governments in the management and development of vocational education are clarified, and the implementation focus of vocational education is put on the local level

In particular, the act makes clear the responsibilities of the federal, state and local governments in the funding and administration of career and technical education. The main content of the second part of the bill is "state provisions and local provisions", which clearly defines the rights and obligations of governments at all levels in career and technical education from the perspective of funding and use. The third part of the "general provisions" of the act is also divided into two parts: the federal administration clause and the state administration clause. From the perspective of macro administration, the responsibilities and authorities of the two levels of government in career and technical education development are clarified. One of its distinctive features is that in the articles of federal administration, there is a special clause "restrictions on federal regulations", which provides greater autonomy and flexibility for state and local governments to implement vocational education.

Section 114 of the act specifies that the federal government is primarily responsible for macro information collection and assessment. At the same time, in order to make the evaluation of federal and state governments available, the bill adopted the proposal of the senate bill to establish the core indicators for the implementation of medium and post-medium projects respectively, and detailed the academic and technical achievement standards for each level. In terms of federal and state oversight responsibilities, the act requires the secretary of education to sign a two-year agreement with the states receiving federal grants on core indicators that states can meet. This agreement can be called the adjusted target level. States can also negotiate with the federal government to change the standards if something unexpected happens. The federal department of education does not have the authority to determine the content and achievement standards for academic and career technical education at the state or local level. The bill also states that any state that refuses to apply for the perkins grant and is not obliged to submit a state career and technical education plan to the secretary of education will be disqualified from applying for other grants administered by the department of education.

Article 134 of the act is "the plan for career and technical education project", from the perspective of curriculum design proposed the responsibility of the local career and technical education institutions, mainly has: "increase in career and technical education plans the student's academic and technical skills, is through fusion method accord with challenging academic career and technical education project standards and related requirements of coherence to enhance academic, career and technical education content in such a plan, designed to ensure that the following aspects of learning: Core academic, career and technical education disciplines, providing students with a rich industry experience and understanding of all aspects in the industry, to ensure these plans for career and technical education students to participate in classroom learning content and all the other students do, meet challenging academic standard, consistent and strict content ".

In defining the concept of career and technical education, the act adheres to a combination of rigorous academic standards and vocational skills. As the bill makes clear in its introduction, "the academic, vocational and technical skills of secondary and post-secondary students who choose to enroll in career and technical education programs will be enhanced across the board." The bill defines the concept of career and technical education as "courses that provide individuals with a coherent and rigorous content consistent with challenging academic standards, relevant technical knowledge and skills." For example, "strengthening the academic, vocational and technical skills of students involved in career and technical education programs" is an important part of the bill. In addition, the act also requires students to acquire a broader range of knowledge and skills, and the ultimate goal of the service is a longer and higher, that is, not only for students' future continuing education services, but also for students to enter the current or future high-tech, high-wage or high-demand industries. On this basis, the definition of career and technical education institution also involves secondary education and post-secondary education from the perspective of education level. Secondary post-secondary education includes both associate degree and bachelor's degree institutions of higher education.

51due留学教育原创版权郑重声明：原创assignment代写范文源自编辑创作，未经官方许可，网站谢绝转载。对于侵权行为，未经同意的情况下，51Due有权追究法律责任。主要业务有assignment代写、essay代写、paper代写服务。

51due为留学生提供最好的assignment代写服务，亲们可以进入主页了解和获取更多assignment代写范文 提供北美作业代写服务，详情可以咨询我们的客服QQ：800020041。

Essay写作的冠词使用

对于不太熟悉Essay写作的同学来说，冠词的使用可能会给他们带来一定的麻烦。在Essay写作中，很多内容都需要用到冠词，但同学们往往会不小心把冠词用错，从而影响到论文的质量，这肯定是不行的。那么Essay写作该如何正确使用冠词呢？下面就给大家讲解一下。

让我们先来看下面这几个句子：

1.Who was the first American in the space?

2.The books fill leisure time for many people.

3.The history shows that the usual response to violent protest is repression.

4.Homelessness is a serious problem for the society.

以上四个句子的冠词使用全都是错误的（原因在下面有分析），这些错误有时候很难凭语感来判断。因此，我们需要系统地学习关于冠词使用的语法知识。

从语法上讲，冠词是虚词的一种，它只能搭配名词使用，说明该名词的意义。英语中的冠词可以分为：定冠词（the），不定冠词（a或者an）和零冠词。对于冠词使用，最核心的地方有两点：

1.判断和冠词搭配使用的名词是可数名词还是不可数名词

2.判断冠词在语境中是特指还是泛指

让我们先来说说第一点，关于可数名词和不可数名词的判断。汉语中并没有可数名词和不可数名词的概念，这给我们判断单词是否可数带来了很大困难。比如“家具”（furniture），这个概念在汉语中是可数的，但在英语中它不可数。又比如“发展”（development），按照汉语思维习惯，它应该是不可数名词，但它实际上可以作为可数名词使用（例如：There have been significant computer developments during the last decade.）

要判断一个单词是否可数不能靠直觉，只能多查词典，参考词典的解释和例句。词典查多了我们对常用词的单复数判断会越来越准确。

第二点是区分冠词的特指和泛指。泛指是指一类事物，或某类事物的总称。特指是指某类事物中的具体的某一个或某一些。

对于冠词的泛指，有四种表达形式：

1.不可数名词不加冠词表示泛指

2.复数名词不加冠词表示泛指

3.单数名词加定冠词the可以表示泛指

4.不定冠词a/an加单数名词可以表示泛指

下面解释一下这几点：

1.不可数名词不加冠词表示泛指

不可数名词在表示泛指时，前面不加定冠词the，如果加the，则表示特指。

文章开头的几个句子：

1.Who was the first American in the space?

2.The history shows that the usual response to violent protest is repression.

3.Homelessness is a serious problem for the society.

第一个句子错误的原因在于，space表示“太空”时是不可数名词，不可数名词加定冠词the就变成了特指，这与句子要表达的意思不相符。原句要强调的是一个泛指的“太空”，因此space不能加the，即要写成：

Who was the first American in space?

第二个句子中history是一个不可数名词，而原句要表达的“历史”是一个泛指概念，因此the也要去掉，即：

History shows that the usual response to violent protest is repression.

第三个句子也是同样的道理，当表示广义上的“社会”时，society是不可数名词，单词前面的the要去掉（如果the不去掉就变成了特指，这与句子的语境不符）：

Homelessness is a serious problem for society.

2.复数名词不加冠词表示泛指

复数名词在表示泛指时前面不能加定冠词the，如果加了the，就表示特指，比如：

The books fill leisure time for many people.

句子要表达的意思是“图书能够帮很多人打发空闲时间”，此时“图书”应该是泛指概念，但句子中 the books 只能表示特指，因此与语境不符。句子应该改成：

Books fill leisure time for many people.

3.单数名词加定冠词the可以表示泛指

定冠词the与单数名词连用时，可以表示泛指，表示一个由典型的样品所代表的那个类别。

举个例子，要泛指“政府”，应该怎么说？下面两个外刊标题给出了答案：

1.Why governments should introduce gender budgeting

2.Should the government guarantee work for everybody

这两个标题中government都是可数名词，可以通过governments或the government 来泛指“政府”。不少人在essay写作时经常出现这样的句子：

To solve this problem, the governments should...

这种写法是错误的，因为 the governments 是特指用法，不能用来泛指政府，应该说：

To solve this problem, governments / the government should...

4.不定冠词a/an加单数名词可以表示泛指

不定冠词a/an加单数名词可以泛指某一类事物中任何一个具有代表性的成员。不过需要注意的一点是，a/an加单数名词泛指主要是限于用在主语的情况，在其他位置上不表示泛指。

冠词的特指主要有下面几种情况：

1.the+不可数名词

2.the+可数名词复数

3.the+可数名词单数（需要根据语境判断）

关于第一点和第二点，我们在前面已经有解释过，第三点 the+可数名词单数表示特指要考虑语境因素。

其他情况

除了上面提到的泛指和特指之外，冠词还有一些特殊用法，比如“the+形容词”表示一类人，此时是泛指。举个例子：

There is an increasing gap between the rich and the poor.

the rich，the poor都是“the+形容词”的泛指形式。

以上就是关于Essay写作中冠词的用法，冠词有定冠词和不定冠词实之分，同学们一定要区分开来，并且在以后的Essay写作中做到不出错。

想要了解更多英国论文写作技巧或者需要英国代写，请关注51Due英国论文代写平台，51Due是一家专业的论文代写机构，专业辅导海外留学生的英文论文写作，主要业务有英国代写、essay代写、assignment代写、paper代写。亲们可以进入主页了解和获取更多关于英国代写以及英国留学资讯，我们将为广大留学生提升写作水平，帮助他们达成学业目标。如果您有英国代写需求，可以咨询我们的客服QQ：800020041。

Paper代写：American financial regulatory system

本篇paper代写- American financial regulatory system讨论了美国的金融监管体制。1933年，美国实行了分业监管的《格拉斯·斯蒂格尔法》，把信贷业务与证券业务严格分离，这标志着美国全面进入分业经营分业监管的时期。1935年的银行法又强化了美联储的独立性。而其他的联邦证券法构成了美国的证券立法体系。从20世纪30年代初到70年代末，美国的金融监管总体上是不断强化的趋势。本篇paper代写由51due代写平台整理，供大家参考阅读。

Since China began to develop the financial industry in the 1980s, it has experienced two periods, namely "disorderly mixed operation" and "orderly divided operation". At present, China's economy has been developing rapidly, and the financing needs of companies and enterprises and the investment and financing needs of urban residents play an important role in promoting the development of the financial industry. At the same time, the phenomenon of mixed operation has gradually emerged in China, which indicates that the establishment of a mixed supervision system and the development of mixed operation are suitable for China's economic development.

Since the reform and opening up, China began to restore the four major professional Banks, the people's insurance company of China, the establishment of China international trust and investment corporation and other financial institutions, the end of the unified banking management system. At that time, in order to break the monopoly of professional Banks on financing, the state council proposed that Banks should "try out various trust businesses" and implement diversification of banking business.

The choice of legal system in the early stage of market economy system: the period of separate operation and joint supervision.

The choice of legal system in the period of market economy development: the period of separate operation and separate supervision.

In the early stage of reform and opening up, China's state-owned economy occupied a dominant position, which led to the lack of vitality of China's economic development, the financial industry has not been well developed, and the financial demand is not large. Therefore, the financial supervision system implemented in China can meet the development needs of our country.

In the early stage of reform and opening up, China's economy was less open to the outside world, and the financial market was relatively single. At that time, only the central bank was in charge of financial supervision.

Cross-border financial products emerge in endlessly, such as "securities companies to enter the inter-bank market management regulations" and "fund management companies to enter the inter-bank market management stipulation" connected the interaction between the securities industry and banking, central bank approval of the insurance company can buy a central enterprise bond in accordance with the relevant provisions are actively promote cooperation on securities and insurance. The rise of Internet technology has also given birth to a number of new cross-border financial products. The rise of crowdfunding, P2P online lending and other products has made people realize that mixed finance has become overwhelming, and the supervision that has always lagged behind financial innovation is facing challenges.

At present, foreign capital is entering China in large quantities, and the customers of China's financial industry have also changed from a single domestic customer to a domestic customer and a foreign customer. Under such circumstances, the demands of China's large financial companies and foreign customers also give rise to diversified financial demands.

With a lot of demand there will be people desperate for the interests of the rich to get rich. At present, China's financial sector has appeared "mixed operation" to avoid legal provisions, which will create a regulatory vacuum and challenge China's financial regulatory system.

The banking act of 1933, glass-steagall act, strictly separated the credit business from the securities business, which marked that the United States had fully entered the period of separate business operation and separate supervision. The banking act of 1935 reinforced the fed's independence. The securities act of 1933 and the securities exchange act of 1934 constitute the securities legislation system of the United States. State insurance laws and the McCarron ferguson act of 1945 constitute the insurance legislative system of the United States. From the early 1930s to the late 1970s, financial regulation in the United States was generally a trend of continuous intensification.

Domestic economic stagflation was a period of rapid economic growth in the United States from 1950 to 1960. During the five years from 1974 to 1979, the average annual economic growth rate was negative, and the average annual unemployment rate and inflation rate reached 6.7% and 8.6% respectively. Economic "stagflation" made the dollar-centric bretton woods system unsustainable. This system is based largely on confidence in the us currency, and is based on the credibility of the dollar. In international trade, the United States needs to export a large number of dollars to the world to meet the reserve needs and international trade settlement needs when all countries take dollars as reserve assets. But with the "dollar glut" of the late 1950s and the stagflation of the American economy in the 1970s, the dollar fell steadily.

Against this background of domestic economic development, on the one hand, "stagflation" affects the credibility of the us dollar; on the other hand, with the emergence of European currencies and Japanese yen and other currencies in international trade settlement, the international status of the us dollar is impacted. Economic and trade exchanges between countries are increasingly close, and the types of settlement currency are gradually becoming diversified. In addition to the severe challenges facing the us dollar in the international monetary field, financial competition among countries has also begun to intensify. The flow of international capital has always followed a rule: from tightly regulated areas to loosely regulated areas. As far as the United States is concerned, the originally strict exchange rate and currency control are no longer suitable for the international monetary system under the floating exchange rate system.

The passage of the financial services modernization act in 1999 not only marked the change of the financial supervision system, but also indicated the change of the concept of financial supervision in the United States, that is, it began to shift to the direction of "efficiency and competition". The bill is divided into two parts.

The act permits securities trading in well-capitalized and well-managed national Banks and their subsidiaries, but national bank branches are not allowed to deal in insurance or real estate. For securities activities, the act stipulates that the securities business of Banks must be subject to the jurisdiction of the federal securities law, allowing Banks to engage in a certain amount of financial derivatives within a certain range. With respect to insurance activity character, the bank manages insurance activity to need to put forward application, be engaged in corresponding insurance activity inside the limits that sets in law.

On the one hand, the act strengthens the management functions of financial regulatory departments such as OCC, FRB, FDIC and SEC. It allows these institutions to restrict the capital and management of financial institutions through various means and strictly control the transactions between financial institutions. At the same time, the regulated institutions are given a certain amount of options, and they have the right to make a choice and decide the corresponding regulatory departments for any changes in the regulatory institutions.

On the other hand, the bill establishes a consultation system, which facilitates the information communication between the committee of the federal reserve and the secretary of the Treasury, and the sharing of contents among various regulatory agencies. By improving the original American umbrella regulatory model and establishing the new functional regulatory structure, the federal government continues to strengthen the financial supervision of the insurance industry. In addition, the United States created an "umbrella regulatory system" after the act.

The so-called "silver cooperation" means that Banks can engage in the business of securities industry. At present, China has a large number of commercial Banks, which are different from state-owned Banks. Their purpose is to obtain benefits, and they can obtain benefits while dispersing their own risks. The mixed regulation implemented in the United States once revitalized the American Banks and promoted the vigorous development of the American economy. In the early stage of reform and opening up, state-owned Banks carried out asset securitization to disperse risks, thus making China's state-owned Banks go into the market smoothly abroad. Commercial Banks have a large amount of capital, allowing them to invest in securities within a reasonable limit, which can make profits for commercial Banks and inject a large amount of capital into China's securities market. In view of the current situation in China, we can first open some fields to Banks, and then gradually expand the scope of bank-securities cooperation.

In March 2010, the us senate, following the passage of the financial consumer protection agency act, introduced a financial consumer protection reform program in an effort to stabilize the market and boost investor confidence.

In recent years, China's economy has developed rapidly. The demand of Chinese residents for financial products is increasing day by day, and more and more social idle funds flow into the financial market. Under the background of mixed operation and mixed supervision in China, consumers of financial products lack the ability to identify the advantages and disadvantages of financial products. Consumers need to make rational investment, but they lack relevant information and cannot find the right department to solve the problem. Therefore, it is necessary to set up special institutions to guide consumers to make rational investment and effectively safeguard consumers' rights.

The financial liberalization reform started in the late 1970s to improve China's relevant legal system has contributed to the continuous emergence of financial innovation and the more obvious trend of financial business integration and penetration. Accordingly, the United States carried out financial regulatory reform and passed a series of laws to relax the separation of business regulation, such as the deregulation of depository institutions and monetary control act of 1980 and the gown-st germain depository institutions act of 1982. This act is mainly a supplement to the deregulation of depository institutions and monetary control act of 1993. Since the 1990s, with the development of financial mixed operation, the us congress passed the financial service modernization act in 1999, which removed the boundaries of banking, securities and insurance institutions in terms of business scope legally.

From the perspective of the development of financial supervision system in the United States, it mainly starts with the reform of banking industry, and then carries out the reform of insurance and securities market, and finally establishes the "umbrella supervision system". In this regulatory system, the financial holding company controls the subsidiaries of the company engaged in banking, securities and insurance. Among them, the financial services modernization act passed by the United States mainly regulates financial holding companies. China can learn from the American reform process, starting from the banking, securities and insurance industry reform. The first step is to break through the restrictions of the securities industry, allow insurance companies and commercial Banks to make securities investment, and raise the entry threshold for relevant companies to enter the industry. After that, gradually lower the threshold of access. Finally, open banking to companies in the insurance and securities industries. Wait for mixed operations and umbrella regulation to take shape before a law similar to the us financial services modernisation act is enacted.

Under the current situation, mixed operation and mixed supervision have become the general trend of the development of China's financial market. China's current regulatory structure is still "one line, three meetings", which requires the four departments to work together to avoid a regulatory vacuum. With the development of mixed operation in China's financial industry, the degree of integration of banking, insurance and securities industry will be greatly improved, which requires the establishment of information sharing among the four departments.

要想成绩好，英国论文得写好，51due代写平台为你提供英国留学资讯，专业辅导，还为你提供专业英国essay代写，paper代写，report代写，需要找论文代写的话快来联系我们51due工作客服QQ：800020041或者Wechat：Abby0900吧。

Essay代写：British bankruptcy law

下面为大家整理一篇优秀的essay代写范文- British bankruptcy law，供大家参考学习，这篇论文讨论了英国的破产法。在英国司法实践中，判断一家公司是否破产，主要是通过现金流测试法和资产负债表测试法。现金流测试法指的是在某一时间点，如果公司不能清付到期债务，则被判定为破产。而资产负债表测试法，如果法院认定公司的资产不抵公司的债务，那么将被判定为破产。公司一旦被判定为破产，就可以依据英国《破产法》进入相应的公司拯救程序。《破产法》第214条对破产公司的董事提出了行为指引。

In the context of the financial crisis, the high salaries of the executives of large groups have been criticized. The author introduces section 214 of the UK bankruptcy code and section 10 of the company director disqualification act, and analyzes their contribution to the culture of corporate salvation.

In countries with a more developed culture, bankruptcy does not mean liquidation. In British judicial practice, there are generally two ways of judgment: one is the cash flow test method, and the other is the balance sheet test method. According to method 1, at a certain point in time, if the company fails to pay off the debts due, it is judged to be bankrupt. The disadvantage of this approach is that the expected earnings of the company cannot be taken into account. For example, a company may be insolvent at a certain time and be judged as bankrupt, but the company can obtain the return that makes it profitable in the short term thereafter. At present, the common practice is the second test method. If the court determines that the assets of the company do not cover the debts of the company, the company will be judged bankrupt.

Once a company is judged bankrupt, it can enter the corresponding company rescue procedure under the UK bankruptcy law. Section 214 of the bankruptcy code provides guidance on the conduct of directors in a bankrupt company.

The level of decision-making of company directors will have a significant impact on the success of the whole company's rescue. Directors who are prudent, diligent, honest and have a high level of operation are more likely to lead the company out of difficulties in the rescue process, so as to benefit more groups related to the company's interests, and at the same time may promote the increase of social wealth. Of course, the reasons for each company to go into trouble are different. It is impossible for legislation to require every company operator with a high standard. The ideal result of legislation can only be that the law provides a minefield for the directors of these companies in trouble and provides a minimum code of conduct for the directors through the law. If, after the bankruptcy of a company, the directors fail to meet the minimum requirements of the legislation, then these company directors will incur personal liability and pay for the loss of the company. The personal responsibility of company directors seems to break through the principle of corporate limited liability, but such a break has a positive effect on regulating the economic order and increasing the assets of bankrupt companies, and at the same time, it also rings the alarm bell for other company leaders. If company directors become more accountable to the company, the chances of the plan's success in the corporate rescue will certainly increase.

Generally speaking, according to article 214 of the bankruptcy law, when a company director fails to put the bankrupt company into the supervision, takeover or liquidation process in a timely manner, but continues to conduct transactions on the premise of harming the interests of creditors and shareholders, it is highly likely that the director will incur personal responsibility for improper decisions.

With regard to section 214 of the UK bankruptcy code, the following should be understood: improper operation does not mean that improper decisions made by company executives make the company enter into the state of insolvency, but that the directors fail to take effective measures to minimize the losses of creditors after the company enters into difficulties. Among the four conditions listed above that constitute improper operation, first of all, in terms of how to judge a company as insolvent, in the relevant British laws, it is generally determined by understanding the financial situation reflected by the company's balance sheet. Secondly, before the end of the company for a period of time, it limited the improper operation of the time stage; Finally, how to judge the company directors have done their best to minimize the loss of creditors. According to section 4 of section 214 of the bankruptcy code, "the directors of a company shall know or be aware of the condition of the company concerned and shall take such other reasonable measures as are reasonable. A company director should have the common attempts, skills and experience of a reasonable and diligent person who can be reasonably expected to become a company shareholder; At the same time, he has the reasonable knowledge, skills and experience that can be expected from the background of the directors of the company. British legal scholars generally believe that section 214 of the bankruptcy code is a relatively objective test standard compared with other similar British laws before it. Court will according to this law, in the face of an alleged improper management of company directors, through the evaluation of another reasonable diligence the level of the company director should possess, and to evaluate the problem of the background of the director himself for its reasonable judgment level, combination of both, to determine after the company's balance sheet insolvency case company directors have suspected of improper operation. For example, the financial director of a company should have higher requirements on financial management than the financial director of the company. This makes it easier to distinguish between the responsibilities of different directors in a company. Similarly, such a provision for the court is more operable, requiring the "general knowledge, skills and experience" of directors of large companies and even multinational groups to be much higher than that of small companies. In addition to section 214, the UK bankruptcy code sets mandatory requirements for directors, such as proper custody of the company's accounts and keeping them clear.

According to the regulation of article 214, if the company directors in the UK want to avoid personal responsibility, they must pay attention to the company's financial data and make a reasonable judgment based on this fact. When the company is insolvent and there is no reasonable expectation that the company will avoid liquidation, they should carefully make the decision to increase the company's debt. So if company directors do have a "reasonable expectation" that the company will avoid liquidation and continue to trade in insolvency, only to have a disappointing outcome, can company executives be exonerated with the good intentions for which they made their decisions? This becomes a question that must be answered. The bankruptcy code, however, does not give an answer. In the case of Re Produce Marketing Consortium Ltd., Mr. David is a director of a company that is in the throes of insolvency and is convinced that the company will Produce a deal to get itself out of trouble. The evidence also suggests that Mr Davis may have had good intentions in continuing the deal for the benefit of his creditors, but that this has left them with new debts. Judge knox. J, who heard the case, took a negative view on whether the company's directors could be exonerated for improper business operations under such circumstances. In practice, there is still such a situation: the company director informs the creditors of the company's predicament, and all creditors agree and support the company director's claim to continue the transaction. In this situation, the company director will not be responsible for improper operation. But if even small creditors do not agree to the plan to proceed with the deal and go to court to resolve the matter, the directors of the company may still incur penalties for improper conduct under section 214 of the bankruptcy code. This is because the large creditors will generally support the company directors to continue to operate with higher returns as the condition, while the interests of the small creditors will become the key protection object of article 214.

After knowing the situation of the company, according to the requirements of article 214, the company's executives should take all possible measures to reduce the losses of creditors and avoid personal liability. There are no statutory rules on how to decide what to do with each step, and there are no similar reports in case law. British scholars believe that the relevant legislation should add guiding provisions. Due to improper management terms is for the purpose of the company is insolvent, avoid the company continues to produce the debt, stop operation immediately after this happens, of course, is the most effective way, but in some cases, simply stop trading is not conducive to maximizing the interests of the company, if simply stopped trading at this moment, can also lead to improper trading. R. gutierrez OODE "bankruptcy law" is a famous scholar in Britain as director provides some reference, these Suggestions include: ensure that the company timely update, where possible, listening to the advice of experts on remedial measures, organize the business review, applying to the court supervision order or invite a floating mortgage bank supervisors to participate in the company management, regular remedy to the company board meeting for discussion. These Suggestions have practical implications for company directors. If the directors of the company in question can seriously consider and implement these measures, it can be an important reason to avoid personal responsibility in the future. At the same time, the experts also suggest that the directors should keep records during the meeting of the board of directors for future court evidence, because the burden of proof to prove that all measures have been taken is borne by the directors of the relevant companies.

Another criticism of section 214 by insolvency experts is that there are only a limited number of people who can bring a suit under it. Article 214 provides that only the liquidator can request the court to issue a compensation order, while in practice, the liquidator cannot initiate the legal action because of insufficient financial support. Insolvent companies are rarely likely to have enough money to take legal action, and liquidators can only negotiate with creditors in the hope that they will give them the money to do so. Large corporate creditors -- Banks -- generally have little support for this legal action because they have other legal avenues to clear their claims, while smaller creditors are more willing than able.

In practice, the financial statements of poorly managed companies are not properly kept, and the absence of relevant financial documents makes it more difficult to bring legal proceedings. This is regulated by section 204 of the Irish companies act. If the company's accounts are not properly kept, the senior officers of the company are liable for the debts of the company.

If the company director is judged to have personal responsibility, the court will make targeted compensation decree, the nature of the compensation decree is not to punish the director himself, but to compensate the company's losses. So, the amount of compensatory decree is the property loss that brings to the company according to improper management will decide. As for the distribution of compensation amount, relevant scholars also hold different views. The first is that the compensation made by the directors of the company concerned cannot be attributed directly to any general creditors, but must be attributed to the property of the company. But in the case of Re Produce Marketing Consortium Ltd, the judge held that the floating mortgagee of the company has the right of first claim against the compensation of the directors of the company. However, r.inodes believes that compensation should first be used to pay off unsecured creditors, because unsecured creditors are generally in a weak position. In the author's opinion, the large creditor similar to the bank can generally get priority payment according to the mortgage right. Unsecured creditors are usually employees and other vulnerable groups, and the law should be in the spirit of care, so that unsecured creditors can be partially limited compensation.

The improvement of section 214 is also that the directors behind the act cannot escape liability for improper conduct, and that any director found guilty of improper conduct under section 214 cannot escape other penalties under the company directors disqualification act. According to the provisions of article 10, paragraphs 1 and 2, of the act: "if, in accordance with section 214 of the bankruptcy code, the court determines that a director is liable to indemnify the company, it may, even if no application is made, make a dereliction of duty order against the director at the same time as it deems necessary; Second, the maximum statute of limitations for disqualification is 15 years." This means that the director not only has to compensate for the company's losses, but also cannot participate in the management of other companies for a long time. In Re Purpoint Ltd's case, the directors were told that the company was nearly insolvent and would incur personal liability if the deal went ahead. However, the directors decided to go ahead with the deal and the debt eventually reached 63,000 at the end of the company's liquidation. The judge who heard the case ruled in dereliction of duty at the same time as the award of compensation, and the director was not allowed to participate in the management of the company for two years. Relevant scholars believe that while making dereliction of duty award and compensation award, the court should also publicize relevant information of dereliction of duty directors through different forms in relevant reports, which will serve as an example to other company directors. Ten years after the corporate malpractice act was introduced, 58% of British directors still know little about it. Therefore, how to effectively increase the openness of these laws is an urgent problem to be solved.

Improper operation clause and disqualification clause of directors have a positive effect on improving the standard of conduct of directors after the company is in trouble. In Britain, where the company rescue procedure is relatively developed, the law requires that the company's directors should pay great attention to the bankruptcy of the company, and then take prudent measures, including actively entering the rescue procedure, to at least reduce the possibility that the company's debt continues to increase. Although there is still some room for improvement in article 214 of the UK bankruptcy law, it still has great reference significance for China, which continuously revises the bankruptcy law and plays a positive role in saving corporate culture.

想要了解更多英国留学资讯或者需要英国代写，请关注51Due英国论文代写平台，51Due是一家专业的论文代写机构，专业辅导海外留学生的英文论文写作，主要业务有essay代写、paper代写、assignment代写。在这里，51Due致力于为留学生朋友提供高效优质的留学教育辅导服务，为广大留学生提升写作水平，帮助他们达成学业目标。如果您有essay代写需求，可以咨询我们的客服QQ：800020041。

51Due网站原创范文除特殊说明外一切图文著作权归51Due所有；未经51Due官方授权谢绝任何用途转载或刊发于媒体。如发生侵犯著作权现象，51Due保留一切法律追诉权。