国际金融监管合作的法制现状、问题及完善
发布时间：2018-08-17 10:47
【摘要】：2008年的美国次贷危机为全世界敲响了警钟:一国已不能独善其身,经济全球化正将世界各国紧密联系起来,利益与风险共担。危机的迅速蔓延让使世界各国达成共识,必须建立起国际金融监管合作框架体系以协调全球金融风险。 目前关于国际金融监管合作的法律文件主要包括:巴塞尔委员会制定的巴塞尔系列协议、国际证监会和国际保险监管委员会发布的对证券、保险业监管的法律文件、WTO、国际货币基金组织等国际组织发布的法律文件中有关国际金融监管合作方面的内容以及G20、达沃斯论坛等国际性论坛所达成的共识和在其领导下建立的相关制度。从总体看国际社会对国际金融监管合作的法律规制主要以巴塞尔协议为代表的“软法”为主,以正式国际组织发布的“硬法”为辅,在这两方面的共同作用下逐渐形成国际、地区和国家间三个层面的国际金融监管合作,国际金融监管合作正发展并成熟起来。 然而,尽管世界各国已开始共同努力进行国际金融监管合作,但国际金融监管法律制度仍存在着很大的问题,如法律文件缺乏强制约束力、监管利益不平衡、监管被动等等,这些问题阻碍了国际金融监管合作法律制度的完善也为未来金融危机的发生埋下了隐患。针对这些问题笔者提出了建立健全国际金融监管合作法律制度的具体构想,提出应当建立起多层面、多角度的监管合作,并希望各国不要盲目追求监管标准的完全统一,而应当更加务实、更加审慎,在国际金融监管最低标准下,按照本国实际情况制定国内监管法律法规,以达到更好的监管效果。 同时,我国也应当加入到国际金融监管合作中来,积极争取话语权,充分表达本国利益,与各国一起共同制定国际金融监管合作法律法规,并在这个过程中与别国沟通交流,不断借鉴先进经验,根据我国金融业实际情况制定国内金融监管标准,争取取得金融监管水平和金融市场发展的共同进步。
[Abstract]:The American subprime mortgage crisis in 2008 sounded the alarm for the world: a country can no longer be left alone, economic globalization is closely linked to the world, the interests and risks are shared. The rapid spread of the crisis has made the world reach a consensus that it is necessary to establish a framework system of international financial supervision and cooperation to coordinate global financial risks. At present, the legal documents on international financial regulatory cooperation mainly include: Basel series agreements formulated by the Basel Committee, securities issued by the International Securities Regulatory Commission and the International Insurance Regulatory Committee. Legal documents on insurance regulation, international legal documents issued by the International Monetary Fund and other international organizations on international financial regulatory cooperation, as well as the consensus reached in international forums such as G20, Davos and other international forums, as well as the international legal documents issued by international organizations such as the International Monetary Fund. The relevant system established under the leadership. On the whole, the international community's legal regulation on international financial supervision and cooperation is mainly "soft law" represented by the Basel Accord, supplemented by "hard law" issued by formal international organizations. Under the joint action of these two aspects, the international law is gradually formed. Three levels of international financial supervision cooperation between regions and countries are developing and maturing. However, although countries all over the world have begun to make joint efforts to cooperate in international financial supervision, there are still many problems in the legal system of international financial supervision, such as the lack of binding force in legal documents, the imbalance of regulatory interests, the passivity of supervision, and so on. These problems have hindered the perfection of the legal system of international financial supervision and cooperation, and buried hidden trouble for the future financial crisis. In view of these problems, the author puts forward the concrete idea of establishing and perfecting the legal system of international financial supervision cooperation, and puts forward that the multi-level and multi-angle supervision cooperation should be established, and hopes that countries will not blindly pursue the complete unification of regulatory standards. But should be more pragmatic, more prudent, in the international financial supervision minimum standard, according to the domestic actual situation to formulate the domestic regulatory laws and regulations, in order to achieve better regulatory effect. At the same time, China should also join in international financial regulatory cooperation, actively strive for the right to speak, fully express its own interests, work with other countries to formulate laws and regulations on international financial supervision and cooperation, and communicate and exchange with other countries in the process. Drawing lessons from the advanced experience, we should make the domestic financial supervision standard according to the actual situation of our country's financial industry, and strive to obtain the common progress of the financial supervision level and the development of the financial market.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.2
本文编号：2187364
[Abstract]:The American subprime mortgage crisis in 2008 sounded the alarm for the world: a country can no longer be left alone, economic globalization is closely linked to the world, the interests and risks are shared. The rapid spread of the crisis has made the world reach a consensus that it is necessary to establish a framework system of international financial supervision and cooperation to coordinate global financial risks. At present, the legal documents on international financial regulatory cooperation mainly include: Basel series agreements formulated by the Basel Committee, securities issued by the International Securities Regulatory Commission and the International Insurance Regulatory Committee. Legal documents on insurance regulation, international legal documents issued by the International Monetary Fund and other international organizations on international financial regulatory cooperation, as well as the consensus reached in international forums such as G20, Davos and other international forums, as well as the international legal documents issued by international organizations such as the International Monetary Fund. The relevant system established under the leadership. On the whole, the international community's legal regulation on international financial supervision and cooperation is mainly "soft law" represented by the Basel Accord, supplemented by "hard law" issued by formal international organizations. Under the joint action of these two aspects, the international law is gradually formed. Three levels of international financial supervision cooperation between regions and countries are developing and maturing. However, although countries all over the world have begun to make joint efforts to cooperate in international financial supervision, there are still many problems in the legal system of international financial supervision, such as the lack of binding force in legal documents, the imbalance of regulatory interests, the passivity of supervision, and so on. These problems have hindered the perfection of the legal system of international financial supervision and cooperation, and buried hidden trouble for the future financial crisis. In view of these problems, the author puts forward the concrete idea of establishing and perfecting the legal system of international financial supervision cooperation, and puts forward that the multi-level and multi-angle supervision cooperation should be established, and hopes that countries will not blindly pursue the complete unification of regulatory standards. But should be more pragmatic, more prudent, in the international financial supervision minimum standard, according to the domestic actual situation to formulate the domestic regulatory laws and regulations, in order to achieve better regulatory effect. At the same time, China should also join in international financial regulatory cooperation, actively strive for the right to speak, fully express its own interests, work with other countries to formulate laws and regulations on international financial supervision and cooperation, and communicate and exchange with other countries in the process. Drawing lessons from the advanced experience, we should make the domestic financial supervision standard according to the actual situation of our country's financial industry, and strive to obtain the common progress of the financial supervision level and the development of the financial market.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.2
【引证文献】
相关硕士学位论文 前1条
1 李金晓;金融监管国际合作研究[D];天津财经大学;2012年
，本文编号：2187364
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