论中国普惠金融的法治构造
发布时间：2018-07-27 10:55
【摘要】：2013年11月12日中国共产党第十八届中央委员会第三次全体会议通过的《中共中央关于全面深化改革若干重大问题的决定》正式提出“发展普惠金融。鼓励金融创新,丰富金融市场层次和产品”(第三部分第12条)。普惠金融是联合国在2005年小额信贷年上首次提出的概念,当前的金融体系并没有把真正需要享受金融服务的群体包括进来,联合国希望通过推广小额信贷从而建立一种普惠的金融体系。当期中国经济取得长足而稳健的发展,但与此同时,地区发展的不平衡和贫富差距的进一步扩大等问题也不容忽视,造成这种现象的很大一部分原因在于金融排斥。长久以来二元结构一直存在于我国金融体系中,以银行为代表的金融机构广泛遵循“二八”定律,越是真正需求金融服务的对象越是被排斥在体系之外。在一定程度上普惠金融在当前中国还算是一个比较新兴的事物,当前中国有着一批践行普惠金融理念的金融主体,其中又以宜信等互联网金融和小额信贷公司为显著代表,政府在倡导金融企业注重社会责任的同时也应该在法律制度和政策层面为金融主体践行普惠金融理念保驾护航,当前国内学者对普惠金融的系统研究比较少,基于法学的视角探讨普惠金融就更少了,而普惠金融的可持续发展离不开法制制度层面的完善,本文作者想基于金融法的视角阐述中国实现普惠金融的法律制度构建。基于此,本论文主要从以下方面开展:论文第一部分主要介绍普惠金融的历史渊源及其主流概念,接着基于金融排斥理论提出发展普惠金融的必要性。论文的第二部分主要阐述构建普惠金融的理论基础,其中主要包括三个方面的理论基础,首先是经济学的木桶理论要求我们必须积极推进普惠金融的发展,而大量金融排斥的存在也阻碍了经济的全面、协调和可持续发展,接着从伦理学的角度引入尤努斯教授的金融伦理观:人人生而平等,金融权利的不平等是最大的不平等,它极大地阻碍了人的全面发展,教授掷地有声提出信贷权是人权,穷人也享有信贷权,金融机构在追逐经济利益最大化的同时也应该积极践行社会责任帮助弱势群体的发展,最后基于法学的角度来探讨普惠金融。论文第三部分主要从以美国为代表的发达国家和以印尼为代表的发展中国家两个层次来论述国外在推进金融制度中的法治经验。论文第四章则总结了当前中国推进普惠金融的立法实践及其在实践过程中遇到的诸如对金融排斥现象缺乏有效的法律监管体制、现有的金融体系难以发挥普惠金融的作用及对相关主体缺乏有效的法律监管制度等方面的阻碍。论文最后一部分是作者基于法律层面上对中国构建普惠金融体系的设想和一些建议,包括政府进一步加强普惠金融制度的立法和建立有效监管机制和建立有效的配套制度等措施。
[Abstract]:On November 12, 2013, the "decision of the CPC Central Committee on several important issues of comprehensively deepening Reform", adopted at the third Plenary session of the 18th Central Committee of the Communist Party of China, formally put forward "developing inclusive finance". Encourage financial innovation and enrich financial market levels and products "(Article 12 of part III). Inclusive finance was first introduced by the United Nations in 2005 at the year of Microcredit, and the current financial system does not include those who really need financial services. The UN wants to build an inclusive financial system by promoting microcredit. At the same time, the imbalance of regional development and the further expansion of the gap between the rich and the poor can not be ignored. A large part of the reason for this phenomenon lies in financial exclusion. For a long time, the dual structure has existed in the financial system of our country. The financial institutions, represented by banks, widely follow the law of "2 / 8". The more the object of the real demand for financial services is excluded from the system, the more it is excluded from the system. To a certain extent, inclusive finance is still a relatively new thing in China at present. At present, China has a group of financial entities that practice the concept of inclusive finance. Among them, Yi Xin and other Internet finance and micro-credit companies are the notable representatives. While advocating that financial enterprises pay attention to social responsibility, the government should protect the financial subject from the legal system and policy level to practice the inclusive finance concept. At present, there are few systematic studies on inclusive finance by domestic scholars. The sustainable development of inclusive finance is inseparable from the perfection of legal system. The author wants to expound the construction of legal system of inclusive finance in China based on the perspective of financial law. Based on this, this paper mainly develops from the following aspects: the first part of the paper mainly introduces the historical origin and mainstream concept of inclusive finance, and then puts forward the necessity of developing inclusive finance based on the theory of financial exclusion. The second part of the paper mainly expounds the theoretical basis of constructing inclusive finance, which mainly includes three aspects of the theoretical basis. Firstly, the barrel theory of economics requires us to actively promote the development of inclusive finance. The existence of a large number of financial exclusion also hindered the overall, coordinated and sustainable development of the economy. Then, from the perspective of ethics, Professor Yunus introduced Professor Yunus's view of financial ethics: everyone is born equal, and the inequality of financial rights is the greatest inequality. It has greatly hindered the overall development of human beings. The professor has argued that credit rights are human rights and that the poor also enjoy credit rights. Financial institutions should also actively practice social responsibility to help the development of vulnerable groups while pursuing the maximization of economic benefits. Finally, based on the perspective of law to explore inclusive finance. The third part of the thesis mainly discusses the experience of foreign countries in advancing the financial system from two levels: the developed countries represented by the United States and the developing countries represented by Indonesia. The fourth chapter summarizes the current legal practice of promoting inclusive finance in China and the lack of effective legal supervision system in the process of practice, such as the lack of an effective legal supervision system for the phenomenon of financial exclusion. The existing financial system is difficult to play the role of inclusive finance and the lack of effective legal supervision system. The last part of the thesis is the author's assumption and some suggestions on the construction of inclusive financial system in China on the legal level. The government should further strengthen the legislation of inclusive financial system, establish effective supervision mechanism and establish effective supporting system and so on.
【学位授予单位】：华中科技大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.28
本文编号：2147591
[Abstract]:On November 12, 2013, the "decision of the CPC Central Committee on several important issues of comprehensively deepening Reform", adopted at the third Plenary session of the 18th Central Committee of the Communist Party of China, formally put forward "developing inclusive finance". Encourage financial innovation and enrich financial market levels and products "(Article 12 of part III). Inclusive finance was first introduced by the United Nations in 2005 at the year of Microcredit, and the current financial system does not include those who really need financial services. The UN wants to build an inclusive financial system by promoting microcredit. At the same time, the imbalance of regional development and the further expansion of the gap between the rich and the poor can not be ignored. A large part of the reason for this phenomenon lies in financial exclusion. For a long time, the dual structure has existed in the financial system of our country. The financial institutions, represented by banks, widely follow the law of "2 / 8". The more the object of the real demand for financial services is excluded from the system, the more it is excluded from the system. To a certain extent, inclusive finance is still a relatively new thing in China at present. At present, China has a group of financial entities that practice the concept of inclusive finance. Among them, Yi Xin and other Internet finance and micro-credit companies are the notable representatives. While advocating that financial enterprises pay attention to social responsibility, the government should protect the financial subject from the legal system and policy level to practice the inclusive finance concept. At present, there are few systematic studies on inclusive finance by domestic scholars. The sustainable development of inclusive finance is inseparable from the perfection of legal system. The author wants to expound the construction of legal system of inclusive finance in China based on the perspective of financial law. Based on this, this paper mainly develops from the following aspects: the first part of the paper mainly introduces the historical origin and mainstream concept of inclusive finance, and then puts forward the necessity of developing inclusive finance based on the theory of financial exclusion. The second part of the paper mainly expounds the theoretical basis of constructing inclusive finance, which mainly includes three aspects of the theoretical basis. Firstly, the barrel theory of economics requires us to actively promote the development of inclusive finance. The existence of a large number of financial exclusion also hindered the overall, coordinated and sustainable development of the economy. Then, from the perspective of ethics, Professor Yunus introduced Professor Yunus's view of financial ethics: everyone is born equal, and the inequality of financial rights is the greatest inequality. It has greatly hindered the overall development of human beings. The professor has argued that credit rights are human rights and that the poor also enjoy credit rights. Financial institutions should also actively practice social responsibility to help the development of vulnerable groups while pursuing the maximization of economic benefits. Finally, based on the perspective of law to explore inclusive finance. The third part of the thesis mainly discusses the experience of foreign countries in advancing the financial system from two levels: the developed countries represented by the United States and the developing countries represented by Indonesia. The fourth chapter summarizes the current legal practice of promoting inclusive finance in China and the lack of effective legal supervision system in the process of practice, such as the lack of an effective legal supervision system for the phenomenon of financial exclusion. The existing financial system is difficult to play the role of inclusive finance and the lack of effective legal supervision system. The last part of the thesis is the author's assumption and some suggestions on the construction of inclusive financial system in China on the legal level. The government should further strengthen the legislation of inclusive financial system, establish effective supervision mechanism and establish effective supporting system and so on.
【学位授予单位】：华中科技大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.28
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