美国开放式保护主义及我国银行业安全的法律规制

American Open Protectionism and China's Banking Security Regulation

美国银行业安全的法律规制经历了近百年的演进,形成了以紧跟金融创新发展步伐的渐进性,维护国家金融主权的保护性,寻求体制内各种法律制度互补的平衡性为特征的开放式保护主义法律规制体系。借鉴美国经验,我国在金融开放,实现金融现代化的进程中,也应以公益性、安全性、程序性等诉求为依据,以法律法规的定向约束为手段,以国家利益至上为宗旨,以对国外竞争者设置制度化的市场障碍和金融市场参与者稳健经营为目的,对我国银行业安全法律规制进行完善,以维护国家金融安全。

The legal regulation on financial security of the American banking system has undergone almost a century＇s development. A troika monitoring system is mainly composed of the Office of the Controller of the Currency, the Federal Reserve System and the Federal Deposit Insurance Corporation. This monitoring system was established to follow the progressiveness of financial innovation, to safeguard the financial sovereignty interests of the United States and to seek for legal system of financial security with the characteristic of the right trade-off among various legal systems. Taking the experience of the United States into consideration, in order to protect the state financial security, China should establish a legal regulation system about financial security according to the requirement of the state interests in the process of financial openness and modernization. In order to establish a systematic market barrier for foreign competitors and ensure the steady management of the participators of financial market, with the purpose of state interest first, this system should be based on the public welfare, safety and due process.