会计是资本市场治理的基石

党中央于2020年提出要建立国内大循环为主体、国内国际双循环相互促进的新发展格局,这个新格局的形成,需要资本市场充分发挥其功能,协调好各类市场主体的相互关系,为实体经济提供有力支撑,强化经济结构的有效调整,提升国民经济质量。而2020年以来,资本市场发生的企业债违约、会计舞弊等事件,损害了资本市场功能的发挥,也反映出资本市场亟待进一步治理。加强资本市场治理,充分发挥资本市场四大枢纽作用,最终目的在于提升资本市场对社会资源的配置效率,尤其是对实体经济资源配置效率的提升。会计是资本市场优化资源配置的重要抓手,欲治资本市场,需先管会计。文章论述会计是资本市场治理的基石,以期为从基础上治理好资本市场提供有益参考。

资本市场中信息工具法律配置的反思与变革

信息工具在资本市场治理中发挥着重要功能,但其配置不当又是造成资本市场乱象的关键肇因。资本市场中信息工具的法律配置,应当在遵从系统性配置、组合性配置与倾斜性配置三大理念的基础上,引入证券违法行为举报者激励和保护机制,强化对资本市场网络谣言的治理,确保证券发行人信息披露的简明性,完善金融信息基础设施,明确投服中心的法律地位。

An Empirical Study on the Relationship Between Growth and Earnings Management of Chinese Listed Corporation

This paper explores whether investors can assess the company＇s growth and risk management according to the company＇s financial statements in the capital market or not. The company＇s growth will affect the company＇s earnings manipulation for earnings management which is often encountered in corporate governance problems. This research constructs the research hypothesis on this basis of the summary and analysis of the relevant theory, using the data from Chinese listed corporation during the period of 2009-2011, and designs the empirical model to prove it. The study found that for Chinese listed corporation, the higher the company＇s growth and business risk, the higher the degree of earnings management. The degree of earnings management will be high when the growth of the company and the business risk exist at the same time.

Corporate Governance Principles Introduced by the Capital Markets Board of Turkey and an Investigation About Internal Audit in Companies Listed on Borsa Istanbul

Today＇s global trends need to be clearly explained to enable the efficient functioning of capital markets for the purpose of the country＇s economic development. Promotion of a strong internal audit function plays a key role in assisting the board to discharge its governance responsibilities. The internal audit needs to exert its important function for refining corporate governance procedures, improving internal control, and strengthening risk management. The rules concerning internal auditing issued by the Banking Regulation and Supervision Agency, Capital Markets Board of Turkey, and other public societies have contributed to the development of internal auditing in Turkey. The Capital Markets Board of Turkey published “Communiqu6 Serial： IV, Noi 56 on Identification and Application of Corporate Governance Principles” （Official Gazette dated December 30, 2011, No. 28158）. In Part 4.2.4 of these principles, it was stated that “The board of directors supervise the efficiency of risk management and internal control systems at least once a year. Information about existence, operation, and efficiency of internal control and internal audit is given by annual report”. The objective of this study is to analyze the structure of internal audit function-related information on the annual reports of companies that are included in the Borsa Istanbul. Annual reports of 192 manufacturing companies listed on Borsa Istanbul were examined by content analysis method.

Brexit Implications on Capital Market and International Financial Governance

This paper assumes as a focal point the concept that the ＂post-Brexit＂ may represent a change of era for European and global financial service and particularly for capital market sector. The change of era produces new ＂global systemic interrelation＂ in which financial globalization, governance and regulation will give place to new, largely unknown complexities. In general, the different interests and immediate priorities of euro and non-euro countries, coupled with a need for prompt and, at times, politically sensitive action, have had the result of a greater fragmentation or a differentiated integration in EU governance in the financial sector. On this assumption, we may say that the post-Brexit scenario is in some way preceded by a series of ＂fractures＂ in European governance. The direct effect of the post-Brexit era is that UK regulated financial entities will still need ＂passporting＂ across the EU single market： UK is going to vest the role of third party country, which will require an ＂equivalence regime＂ similar to the ＂substituted compliance＂ used in the same direction by US regulators. At the same time, while an equivalence regime may work in principle to deal cross-border issues at the global level, in the long term, it may be an instrument for a ＂battle of ideas＂ in the new political arena of global financial governance.

复杂金融世界里的法律变革

中国金融系统越来越成为一个不确定的复杂系统,决定了中国公司金融法所本应具备的适应性品格。这要求中国未来的《公司法》、《证券法》、《期货法》改革应适应金融系统的自组织、进化规律,对以往的"法律家长主义"为特征的"金字塔形"、"树状"法律结构进行结构主义解构,还原中国金融法的合同与交易本质,从而在复杂金融世界中探寻中国资本市场治理的简约法律规则,促进中国资本市场可持续发展。