金融监管机构第三方侵权责任:欧盟经验与中国借鉴

Third- Party Tort Liability of Financial Regulators: the Experience of the European Union and its Implications for China

金融监管机构第三方侵权责任,以其威慑和补偿功能为欧盟及其成员国所采纳。虽然各成员国的法律安排呈现出差异性,但在欧盟法的努力之下表现出融合的趋势。反观我国,《银行业监督管理法》等金融立法中监管权力与责任的不对称,《国家赔偿法》、《侵权责任法》的语焉不详、衔接不畅,导致存款人等第三方权利保障出现制度空缺。应以欧盟法为借鉴,构建我国金融监管过失行为的第三方侵权责任制度,并完善相关替代解决机制。

Due to its deterrence and compensation functions, third-party tort responsibility of Financial regulators is adopted by EU and its member states. Although the legal arrangement of each member is differ- ent, the trend of integration is showed under the EU law. In contrast, in China, the asymmetry of the powers and duties of financial regulators in the Banking Supervision Law and other legislations, and the vague rules in the State Compensation Law, result in the third party＇s rights. We should draw on the supervisory negligence third-party tort liabili systematic vacancy in the safeguarding of the depositor and other experience of corresponding European laws, build our financial tv system, and improve relevant alternative resolution mechanism.