美国个人消费者金融保护机构设立之争及其对我国的启示

Controversies Concerning the Establishment of CFPA in the US and its Revelation to China

为了有效防止金融危机再次发生,奥巴马政府推出金融改革计划,其中以《个人消费者金融保护署法案》争议最为激烈,关于专门设立该机构是否合适?该机构与已有监管机构关系如何协调?是否会造成过度监管?其监管理念如何?以及该机构对未来金融创新是否会产生负面影响等等,都是值得研究的问题。尽管美国金融市场及其金融监管法律体系与我国存在很大不同,其金融法律制度相对健全,金融市场异常发达,但却难以抵挡金融危机爆发,其前车之鉴,可对我国健康发展金融业、改善金融消费者保护及完善金融监管体制具有重要的借鉴价值。

In order to prevent the financial crisis occurring again, the Obama government pushed forward financial reform plan at least two times, and finally the Dodd-Frank Act was passed and came into effect, among which the CFP Act was most Controversial. Whether it is suitable to establish such an institution, how the new institution coordinates its relationship with the existing regulatory institution, whether it may cause over-regulation, what will be its regulatory idea and whether the new organ will produce negative effect upon the financial innovation, and etc. , are all issues worth further studying. Although there is a great difference in financial regulation system between the US and China, the former is relatively sound in relevant legal system and its financial market is far more advanced, however, all these priorities cannot prevent it far from financial crisis. Above all, the former experience of the US has its referential value for us in developing our financial industry, improving the protection of financial consumer, and the perfecting our financial regulation institution.