Legislative Proposal for Comprehensive Capital Market Legislation
| Project/Area Number |
14520065
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Waseda University |
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Principal Investigator |
UEMURA Tatsuo Waseda University, Waseda Law School, Professor (80112556)
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| Project Period (FY) |
2002 – 2004
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| Project Status |
Completed (Fiscal Year 2004)
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| Budget Amount *help |
¥1,800,000 (Direct Cost: ¥1,800,000)
Fiscal Year 2004: ¥600,000 (Direct Cost: ¥600,000)
Fiscal Year 2003: ¥600,000 (Direct Cost: ¥600,000)
Fiscal Year 2002: ¥600,000 (Direct Cost: ¥600,000)
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| Keywords | Securities Law / Financial Law / Capital Market Law / Financial Service Law / Investment Service Law / SEC in Japan / 銀行法 / 保険業法 / 信託業法 / 金融システム改革 / 金融ビッグバン / 資本市場 / 証券市場 / 公開会社 / 集団投資スキーム |
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| Research Abstract |
There had been once an active discussion in Japan about ideal regulations responding an emerging trend of financial services, on the model of the Financial Services Act 1986 in the UK However, the critical issues such as bankruptcy of financial institutions and bad loans preceded the movement, which consequently came to a deadlock. During that period, the UK established the Financial Services and Markets Act 2000, which is now considered as a model of EU capital market legislation.
Preceding the current research, I conducted a research on comprehensive capital market legislation in Japan from 1999 to 2001 as a basic research(C), then, I was engaged in a research to deliver concrete legislative proposals. Mainly driven by the Financial Advisory Council, the trend has been strengthened recently to establish a law covering the investment service only, rather than having comprehensive capital market legislation which can be described as an ideal for the capital market. However, aiming at an
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ideal as possible is crucial in making this type of a basic rule. It is significantly meaningful to establish a theoretical model on comprehensive capital market legislation that reflects actual conditions in Japan as well as stands fully on the level of Europe and America.
The research of "Research towards the Revitalization of Law, Market and Civil Society" (Leader : Uemura) at the NIRA (National Institute for Research Advancement) added further examination on the research. Leaders from four different 21 COE bases participated in the project. A three-volume research report was published at the NIRA in May of 2005. Three books have a common title as "a Grand Design for the Comprehensive Market Legislation". The first volume, in which I presented my research result, includes the general introduction, with a title of "A Grand Design for Japanese Financial Service Market Legislation". The second goes into details and the third includes cases of overseas.
I believe the research results are perceived as crucial, contributing to the actual law-making process. Less
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Report
(4 results)
Research Products
(23 results)
