国际金融危机背景下我国的金融监管法律应对

China’s Legal Response to Financial Supervision under the Impact of International Financial Crisis

在当前国际金融危机逐步加深的背景下,金融风险对金融监管有制度性需求,而减低机制性金融风险关键在于以法治促进金融体制和金融运行机制的改革与完善。我国金融监管法律制度还存在法律规则的供给机制混乱、供给理念滞后、制定主体多元且规则质量差、效率不高等诸多缺陷。借鉴英美等金融发达国家的监管经验与教训,以及欧盟等区域性合作组织的成功实践,按照巴塞尔银行监管委员会所倡导的金融监管理念,我们理应从金融监管法律的创制、具体处置措施的完善和金融监管立法的国际化三个层面有所作为。

In the current international financial crisis, financial supervision shall be systematic to meet the need of financial risk, and the key to reduce financial risk is to reform and perfect financial system and mechanism by law. There are a lot of defects in China＇ s current legal system of financial supervision and management, such as the disorder of rule provision system, the outdated concept of provision, the multiple main bodies of law making, the low quality of rules and inefficiency, etc. By learning from the experience of the developed countries such as the USA and Britain, the successful rigional organizations as the European Union, and the concept of supervision sparkpluged by the Basle Committee on Banking Supervision, we shall improve our financial supervision from the following three levels： the creation of financial regulatory law, the specific measures to improve financial supervision and the internationalization of legislation.