Abstract: The formulation of the financial law is a major event in the construction of the financial rule of law in China, but a consensus is far from being reached on how to formulate the financial law. The formulation of the financial law is an inherent requirement for deepening the reform in the financial field and promoting the Chinese-style modernization, a powerful guarantee for promoting the high-quality development of finance and accelerating the construction of a financial powerhouse, and an important measure for preventing and resolving financial risks and maintaining national financial security and stability. In the formulation of the financial law, China must base itself on the objective reality of its current stage of economic development, follow the laws of financial development, focus on the service of real economy and prevention and control of financial risks, and deepen the financial reform of the three tasks, so as to promote the construction of its financial legal system. Based on the dualistic structure of financial legal norms, the trend of public-private intermingling in the field of the financial law, and China’s core demand to formulate the financial law, the basic positioning of the future financial law can only be the basic law in the field of finance. A feasible legislative plan is to take the practice of the General Principles of Civil Law in the early days as reference, and gradually form a theoretical system and a rule system of the financial law with Chinese characteristics by providing basic guiding rules for financial activities, thus establishing the smooth operative logic for the system of financial laws and norms, and ensuring that the legislative goal of the financial law can be effectively carried out in financial supervision and judicial practice. 

Keywords: financial law; basic positioning; system structure; inter-legal coordination 

Author: CHEN Jie, research fellow, CASS Institute of Law;

Source: 2 (2025) Journal of Peking University (Philosophy and Social Sciences).