节点文献
银行监管机制的法经济学分析
Law and Economics Research on the Regulation Mechanism of Banking Supervision
【作者】 于钧同;
【导师】 魏益华;
【作者基本信息】 吉林大学 , 法经济学, 2010, 硕士
【摘要】 银行监管是现代经济的核心,对我国经济增长具有很大的促进作用。银行的稳定与安全关系到一国整个经济体制的稳健与安全。所以,世界各国都非常重视对金融机构,特别是银行部门的监管。尽管我国银行业取得了飞快的发展,从而促动了我国国民经济的快速增长,但其发展还很不成熟,银行的竞争力较弱,银行监管能力较差,潜在风险较大。如何通过有效监管,有效防范、控制和化解银行经营风险,保持银行体系的稳定和安全,仍然是一个需要深入研究的重大课题。本文,回顾了我国银行监管的发展历程(具体分为三个大阶段),分析了我国银行监管所取得的成就及存在的各种不足;并对国际上银行监管的成功经验进行分析总结,在此基础上针对对我国银行监管中存在的具体问题进行分析,以期为我国银行监管提出一些有益建议。
【Abstract】 As we know, Banks play an important role in the normal operation of market economy in the maintain process. Therefore, all countries have formulated and approaches to all relevant laws and regulations, or policy advice to achieve regulation of the banking system.But still, because the banking system more innovative products and innovative services, China’s socialist market economic system is not perfect, and the accession to the World Trade Organization shorter, still can not fully adapt to the pace of the world market economy, the Government effectiveness of banking supervision and the effect is not very significant, this paper on the issue of bank supervision trying to find some valuable inspiration.First of all, in the first chapter the author introduces the basic elements of bank supervision, highlighting the significance of banking supervision: a sound banking supervision in achieving sustainable economic development, to achieve the steady development of banking system plays an important role in the process.This requires not only self-regulating market, but also need the government to monitor the timely and appropriate.Inherent vulnerability of the banking requirements of banks to establish a good regulatory mechanism, in order to avoid banking business in the possible risks, and to establish appropriate emergency measures to resolve the crisis, so as to maintain the stable operation of the market economy, to further ensure the health of the national economyorderly development.Chapter 2 I learn from the perspective of law and economics analysis of the banking supervision from the system, three levels of system and system of banking supervision.In general, the mechanism is more focused on the means and methods of this aspect, it States act banking supervising the daily operations have the following on-site inspection and off-site inspection.System of banking supervision organizations focus more on banking supervision system for this level.System of banking supervision is the focus of the legal norms on banking supervision level, the law is to maintain social stability a strong line of defense, if a country’s legal system is unreasonable, then bound to affect their economic and other aspects of development.In the third chapter I analyze, synthesize, learn from our supervision of academic research on the bank based on the results, summarizes the development of China’s banking history of banking supervision and banking supervision in China’s current situation, in 2003, the Central Banking Regulatory Commission was set up,means that banking regulators began to enter the stage of separation.China’s banking regulations are very clear: the implementation of the environmental background of banking supervision unstable, imperfect laws and regulations related to government intervention banking supervision over the executive power.The existing system of banking supervision is not enough system, the lack of a reasonable regulatory organization concept, means a single, backward technology.Meanwhile, the risk of banking supervision and improve early warning mechanisms, lack of supervision of the use of media opinion.Chapter IV the author analyzed the banking supervision in China and abroad, research the United States, Japan and the European Bank’s regulatory system and the system based on, learn its successful experience.U.S. bank supervision model - two-lane multi-mode: a variety of reasons, the U.S. bank regulatory system is very complex, both federal and state registration and the right to supervise commercial banks, namely the implementation of state laws and state banking law banking dual banking system.Japan’s banking supervision model - single multi-mode: single multi-monitor mode is relative to the double in terms of multi-monitor mode, this mode of monitoring the power concentrated in the central, in fact, is the Ministry of Finance and Central Banksubject to carry out the monitoring work. the British model of bank supervision - the only control mode: the current supervision of banks and the United Kingdom is the only regulatory body to supervise banks. Chapter Five conclude these foreign experiences and national conditions of China at this stage, based on the above analysis for the problem, the author of a number of recommendations on Banking Supervision.Proposed for the implementation of banking supervision to build a harmonious environment, improve banking supervision in the relevant laws and regulations, reduce the administrative power to intervene in bank supervision efforts.Construction of the system of bank supervision system, banking regulatory bodies to establish the concept of reasonable regulation.Means to achieve diversification of banking supervision, the introduction of advanced control technology and improved bank risk early warning mechanism to enhance the media’s opinion reasonable suggestions related to regulatory functions.
- 【网络出版投稿人】 吉林大学 【网络出版年期】2010年 09期
- 【分类号】D922.28;F832.1
- 【下载频次】160