我国商业银行利率市场化风险法律防控研究

发布时间：2019-02-16 17:07

【摘要】：作为经济发展的主要推动力,金融业在综合国力竞争日益加剧的今天无疑占据着主导地位。而商业银行作为我国金融产业和金融体系的基础,对我国经济发展和国家宏观政策调控的运行以及老百姓的切身利益影响极其重大。随着金融改革和市场经济的日渐成熟,利率市场化已成为必然趋势,商业银行作为金融创新与改革的关键所在必然成为我国利率市场化的切入点与着重点。随着存款保险条例在5月1日的施行,利率市场化的脚步渐行渐近,最后一步的存款利率的完全放开也即将到来,全社会对商业银行利率市场化的到来翘首以待,其迫切性显而易见。商业银行利率市场化对市场资本的合理配置、资金的利用效率的提高都极为有利,从而对普通民众财富的增加和积累以及企业融资和发展都大有裨益,对整个国家金融体系的稳定与发展都极其重要。同时,商业银行利率市场化是商业银行自身持续快速发展的必然需求,是其顺应国内外金融市场运行和经济形势发展的必然趋势。商业银行利率市场化也倒逼国家相关配套法律制度的建立和完善,有利于整个国家形成健全的法制体系,从而为商业银行更好的发展提供法律保障。然而,机遇与风险总是相伴而来,从众多进行利率市场化改革的国家来看,改革中遭遇波折和失败的也不在少数,不仅导致商业银行自身破产倒闭,而且使整个国家陷入了极大的困境之中,甚至引发金融危机,后果极其严重。商业银行若要在利率市场化进程中保持稳定发展并在金融市场立于不败之地,积极有效的风险防控手段是必不可少的。商业银行利率市场化风险随着经济发展和业务的扩展和规模的壮大由最初仅有的法律风险演变为现在多样化、复杂化的各种风险,对其防控提出严峻的挑战。本文通过对作为利率市场化基本理论支撑的金融深化理论和金融约束论的阐述结合我国现阶段经济发展状况及存在问题提出我国商业银行要进行利率市场化改革的急迫性和必然性。进而对我国商业银行利率市场化可能引发的风险进行详细阐释,提出了商业银行间可能存在的同业竞争风险,其中包括商业银行垄断风险和中小银行破产风险。其次是由于商业银行和客户之间信息的不对称以及利益追求的驱使等多种原因所导致的信用风险,从以商业银行为主和以客户为主导两方面进行信用风险的阐述。同时,在面临利率市场化重大契机与强大冲击并存的情形下,商业银行需适时从产品种类、制度管理和内部法人治理结构等诸多角度入手进行金融创新,而我国商业银行由于传统的经营模式和法人治理结构存在的欠缺以及抗风险能力较弱等诸多因素必然会面临金融创新所带来的一系列复杂而又艰巨的挑战。在结合国外如美国、日本发达国家与韩国、阿根廷发展中国家利率市场化的改革实践,从中总结成功经验、吸取失败教训,以小见大,对我国商业银行利率市场化可能引发的风险从完善我国商业银行退出机制、建立金融消费者保护制度、完善商业银行综合化经营制度、建立金融专家、律师及银行高管人员责任制度,完善我国社会信用法律制度诸多方面以健全我国商业银行利率市场化风险防控的立法体系：从完善我国商业银行法人治理结构和建立健全专门的内部风险防控机构来完善我国商业银行利率市场化内控体系；从完善我国商业银行外部监管制度、建立我国社会信用征信体系,依法营造公平有序的市场竞争环境,为商业银行快速持续的发展和抵御各种风险提供有力的法律保障和全方位的法律服务。
[Abstract]:As the main driving force of economic development, the financial industry is undoubtedly dominated by the increasing competition of comprehensive national strength. As the foundation of China's financial industry and financial system, commercial banks have a great impact on the operation of China's economic development and the regulation of national macro-policies and the vital interests of the people. With the development of the financial reform and the market economy, the marketization of interest rate has become the inevitable trend, and the key point of the commercial bank as the financial innovation and reform must be the entry point and the focus of the market of interest rate of our country. With the implementation of the deposit insurance regulations on May 1, the pace of the interest rate market is gradual, the complete release of the deposit interest rate of the last step is about to come, the whole society will be waiting for the market of the interest rate of the commercial bank, and the urgency is obvious. The market-oriented interest rate of commercial banks is of great benefit to the reasonable allocation of the market capital and the improvement of the utilization efficiency of the funds, which is of great benefit to the increase and accumulation of the common people's wealth, as well as the financing and development of the enterprise, and is of great importance to the stability and development of the whole country's financial system. At the same time, the marketization of the interest rate of the commercial bank is the inevitable demand of the sustained and rapid development of the commercial bank, and it is the inevitable trend of the development of the financial market and the economic situation at home and abroad. The marketization of interest rate of commercial banks also makes the establishment and perfection of the relevant legal system of the state, which is beneficial to the formation of a sound legal system in the whole country, thus providing legal guarantee for the better development of the commercial bank. However, the opportunities and risks are always accompanied by a large number of countries that carry out the market-oriented reform of interest rate. In the case of many countries that carry out the market-oriented reform of interest rate, it is not a minority in the reform, which not only leads to the collapse of the commercial bank itself, but also causes the whole country to fall into a great dilemma. Even the financial crisis, the consequences are extremely serious. If the commercial bank is to maintain a stable development in the course of the market-oriented interest rate, it is necessary to actively and effectively prevent and control the risk prevention and control measures in the financial market. With the development of the economy and the expansion and scale of the business, the market-oriented risk of the interest rate of the commercial bank has changed from the original legal risk to various risks which are now diversified and complicated, and poses a serious challenge to the prevention and control of the commercial bank. The paper, through the introduction of the theory of financial deepening and the theory of financial constraint, which is supported by the basic theory of interest rate marketization, puts forward the urgency and necessity of the reform of the interest rate market-oriented reform of the commercial bank of our country in the light of the present situation of the economic development and the existing problems in our country. Furthermore, the possible risks of the interest rate of commercial banks in China are explained in detail, and the possible inter-bank competition risk among commercial banks is put forward, including the monopoly risk of commercial banks and the risk of small and medium-sized banks. The second is the credit risk caused by the asymmetry of the information between the commercial bank and the customer and the drive of the interest pursuit. At the same time, in the case of the great opportunity of the market-oriented interest rate and the strong impact, the commercial bank needs to start the financial innovation from many angles such as the product category, the system management and the internal corporate governance structure. However, because of the lack of the traditional operating mode and the corporate governance structure, and the weak ability of the anti-risk ability, the commercial bank of our country will face a series of complex and difficult challenges brought by the financial innovation. in combination with that reform and practice of the market-oriented interest rate of the foreign countries such as the United state, the developed country of Japan and the south Korea and Argentina, the successful experience is summed up, the lessons of the failure are drawn, and the interest rate is small. The possible risks to the market-oriented interest rate of commercial banks in China are to improve the exit mechanism of Chinese commercial banks, establish the financial consumer protection system, improve the comprehensive management system of the commercial banks, and establish the system of responsibility for the high-pipe personnel of the financial experts, lawyers and banks. To perfect the system of China's social credit legal system to improve the market-oriented risk prevention and control of commercial bank's interest rate in China: from the perfection of the corporate governance structure of Chinese commercial banks and the establishment of a special internal risk prevention and control mechanism to improve the market-oriented internal control system of the interest rate of commercial banks in our country; From the perfection of the external supervision system of the commercial bank of our country, to set up our social credit credit system, to create a fair and orderly market competition environment according to law, to provide a powerful legal guarantee and all-round legal service for the rapid and sustainable development of the commercial bank and the protection against various risks.
【学位授予单位】：宁夏大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.281

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