金融监管模式的博弈与选择

The Game in and Choice of the Financial Regulation Mode

金融业的快速健康发展,金融风险的防范与应对,需要一种与之相适应的金融监管模式作为基础和保障。在机构监管、功能监管、目标监管、统一监管等模式的乱象背后,何种金融监管模式才是更优的选择,是后危机时代法律和金融亟待解决的问题。机构监管并不是行业划分的标准,无论分业经营还是混业经营,机构监管都可以发挥重要作用。机构监管和功能监管两者之间也不存在必然的替代关系。单一监管是金融监管模式中理念最为领先的制度,但这种制度仍需要金融稳定协调机制的配合,并提高对金融系统性风险的管理能力。以目标为基础的双峰监管模式,既能做到金融风险的监管全覆盖,又兼顾金融消费者保护,是金融监管改革的目标和方向。

The rapid and sound development of the financial sector and the effective prevention of financial risks re- quire a proper financial regulation mode as its basis and safeguard. There are many kinds of regulation modes, in- eluding regulation of financial institutions, regulation of functions, objective-based regulation, and integrated regu- lation. The question is which regulation mode is better in the post-crisis era. Although regulation of the financial institutions is not the standard criteria for the classification of the financial sector, it could still play a very impor- tant role, be it mixed operation or separated operation. Regulation of financial institutions and regulation of func- tions are not necessarily substitutes. Consolidated regulation is currently the most advanced system. However, it re- quires the cooperation of financial stabilizing mechanism and greater ability in managing systematic financial risks. The twin-peak model, based on regulation of goals, not only covers financial risks but also protects financial con- sumers. Therefore, it is the direction and goal of future financial regulation reform.