外资银行审慎监管法律机制的创新——外资银行“全面进入”中国三周年

Innovation in Legal Mechanism of Prudential Supervision by Foreign Banks——A three-year anniversary to move all-roundly into China

全球金融危机余波未平,金融监管始终是国际社会关注的焦点。现以外资银行全面进入中国3周年为背景进行分析,并提出审慎监管法律机制的创新应以内部控制评估法律机制为基础、以操作风险监管法律机制为难点、以信息披露法律机制为保障,实现这三个法律机制的有机结合的建议。

The world financial crisis is still serious now and the financial supervision has become the focus of attention in the world.The present paper discusses legal mechanism of prudential supervision three years after foreign banks moved all-roundly into China.It puts forward the view that innovation of the legal mechanism of prudential supervision should take internal-control review as the base,operational-risk supervision as the difficulty of prudential supervision,and information disclosure as the security of prudential supervision-a suggestion for the organic integration of the three legal organizations.