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一、以立足国情为基点秉持实事求是,有的放矢金融法治理念根源于中国金融发展现实。在民商事金融审判领域,社会主义法治理念的体现与践行首先应扎根于中国社会主义市场经济发展的现实,离开中国国情就不能正确理解社会主义法治理念的深刻内涵。改革开放20多年来,我国金融市场的发展取得了令人瞩目的成就,初步形成了银行、证券、保险、信托等相对完善的金融法律规范体系;逐步建立起全国集中统一的金融分业监管体制;金融改革稳步推进;市场规模不断扩大;市场基础设施不断改善;市场规范化程度不断提高;金融市场已经成为社会主义市场经济体系的重要组成部分。但另一方面也要看到,我国金融市场是在从计划经济向市场经济转轨的特殊历史条件下通过试点逐步发展起来的新兴市场,一些制度性、机制性的问题以及市场运行过程中积累的深层次矛盾仍然困
First, based on the national conditions as the basic point of uphold the principle of seeking truth from facts, targeted-oriented idea of the financial rule of law rooted in the reality of China’s financial development. In the field of civil and commercial financial trials, the embodiment and practice of the socialist concept of the rule of law should firstly be rooted in the reality of the development of the socialist market economy in China and the profound connotation of the concept of the socialist rule of law can not be correctly understood without understanding the national conditions of China. Over the past 20 years since the reform and opening up, China’s financial market has made remarkable achievements in the development of its financial market. A relatively complete system of financial laws, including banking, securities, insurance and trust, has been formed. The centralized and unified financial sector regulatory regime has been gradually established ; Financial reform steadily progressed; the market scale expanded continuously; the market infrastructure continued to improve; the market standardization was continuously improved; and the financial market has become an important part of the socialist market economic system. However, on the other hand, we should also see that our financial market is an emerging market that has been gradually developed through pilot projects under the special historical conditions of a transition from a planned economy to a market economy. Some institutional and institutional issues and problems accumulated during the operation of the market Deep-seated conflicts remain