特定群体人格权益与财产权益冲突的解决思路——“娃娃股东”事件评判的另一个视角

Ideas on Solving the Conflict Between the Personality Equity and Property Equity of Specified Groups——Another angle about the incident of "child shareholders"

"娃娃股东"事件中,北京银行高级管理人员及监管层工作人员的财产权备受质疑。选取其合法权益保护为视角进行剖析,揭示出银行业改革重组过程中,特定群体人格权益与财产权益冲突的根本原因是财产权益意识浓厚,人格权益意识薄弱,而制度的疏漏更助纣为虐。解决这一冲突的基本思路是实行银行家的职业化和监管层的高薪制,同时完善内在的约束和外在的监督机制,通过激励和惩罚的双重制度,保护特定群体合法的财产权益,引导特定群体珍视人格权益。

In the incident of ＂child shareholders＂ ,the property right of the senior executives of Beijing Bank and of the personnel in charge of supervision is under question. An analysis from the angle of the safeguard of their legal rights can reveal that, in the reform and restructuring of bank industry, the basic reason for the conflict between the personality equity and property equity of specified groups lies in people＇s increasing awareness of property equity and their weakening awareness of personality equity, and to make it worse, some systematic defects add to the seriousness of the situation. A basic solution to this conflict is to professionalize bankers and to offer a higher pay to those in charge of supervision. Besides, it is also necessary to improve the internal restraints and the exteral supervision mechanism and to enhance a dual system of encouragement and punishment, so as to protect the legal property equity of those specified groups and to get them value their personality equity.