投资者权益保护视域下村镇银行法律制度之缺陷与修复

Defect and Restoration of Village Bank's Legal System in View of Protection of Rights and Interests of Investors

目前我国村镇银行市场准入对民间资本设置身份歧视,主流银行的利率上下限管制使村镇银行的利息收益难以覆盖其经营成本,再加之业务范围、贷款用途、地域的限制以及再融资能力的受限,迫使村镇银行运营困难且不同程度呈现"脱农离农"的"使命偏离"倾向。村镇银行法律制度应允许民间资本平等发起设立村镇银行,探索大中型银行、非政府组织和政府有限参与的合理模式,赋予村镇银行一定范围内的贷款定价自主权,并允许其突破地域限制,实施差异化单一借款人的单笔贷款额度,适当放宽村镇银行的存、贷款比例限制,通过扩张融资额度和扩宽融资渠道以强化村镇银行的再融资能力。

Protection of the rights interests of investors and global microscope on the micro-finance business environ- ment put forward by Economist Intelligence Unit shows that the legal protection level of usufruct and managerial right decides the earnings-generating capacity, its ease level of market access and financial ability affect continuous supply of external fun- cling, all which determines the village bank＇s financial sustainability and loan intention. However the village bank＇s market access set identity discrimination for private capital, the existing interest rates are difficult to cover the village bank＇s opemting costs, and the restriction of loan purposes, geographical district, limited refinancing capadty force made the village banks to operate with difficulties and have ＂mission drift ＂. Therefore, the village bank＇s legal system should allow private capital to be equal to launch village banks, explore large and rnedium-sized banks, non-governnaental organizations and government in some reasonable ways to limited participation to village banks, empwer village banks to have loan pricing autonomy to some extent and break through geographical restrictions, carry out different single borrowers of single loan amount, relax the deposits and loans ratio limit and strengthen refinancing capacity by exoandinig the finandnz amount and broaden the finandnng channels.