论我国银信理财合作监管法律制度的完善
发布时间：2019-04-27 02:16
【摘要】：银信理财合作作为我国金融业分业经营背景下的创新业务模式在近几年发展迅猛,成为很多信托公司的主营业务类型,也引发了广泛的社会关注。应当看到,银信理财合作的发展是商业银行与信托公司各取所长、发挥比较优势的产物,有利于盘活银行存量资产,在为个人理财产品客户提供投资渠道的同时也为企业提供了更为广泛的融资渠道,促进了金融产品的创新,但是新产品的出现也引发了新的监管问题,比如资产转让类和信托贷款类业务容易引发系统性风险,因此受到监管部门的重视。从2006年第一支银信合作理财产品问世以来,银监会针对银信合作理财的各类创新产品颁布了一系列监管法规,一方面旨在控制风险,另一方面也希望通过监管政策的颁布减少信托公司通道类业务的开展,鼓励信托公司独立自主创新发展。监管政策的颁布在一定程度上限制了风险较高银信理财合作业务类别的开展,但是政策僵化、部分规范性文件的规定脱离实际、多头监管导致套利空间、合法性基础欠缺、跨市场监管缺位等问题仍然存在,应当从转变监管理念和强化制度建设两方面着手,从“疏”和“堵”两个角度进一步完善银信理财合作的监管政策,在控制金融风险的同时保护市场的活力,以更好的实现金融服务实体经济的目的。本文通过三个章节讨论银信理财合作监管制度的完善。其中第一章是关于银信理财合作的法律分析,从监管法规语境下银信理财合作的概念着手,讨论了银信理财合作的发展历程和目前的主要业务类型,并就银信理财合作的各方法律关系以及发展动因进行分析探讨,提出银信理财合作实为委托代理+单一资金信托的观点,在明确各方法律关系的同时为后文法律风险与现行监管法规的讨论做好铺垫;第二章着重讨论银信理财合作业务的开展可能导致的各类风险或问题,反映出监管银信理财合作业务的必要性,同时归纳分析了现有监管法规的内容,并在对现有监管法规进行分类整理的基础上分析各类监管政策的不足,指出目前我国银信合作监管规范存在指引性规范脱离实际,强制性规范僵化以及监管差异导致监管套利空间等问题;本文第三章在总结第一、第二章的基础上提出完善银信理财合作监管制度的若干建议,从转变监管理念、完善制度建设和跨市场宏观审慎监管等方面提出完善银信理财合作监管制度的六项建议,以期对现行银信理财合作监管的完善有所裨益。
[Abstract]:As an innovative business model under the background of separate operation of financial industry in China, the cooperation of banking and financial management has developed rapidly in recent years. It has become the main business type of many trust companies, and has also aroused extensive social concern. It should be noted that the development of financial cooperation between commercial banks and trust companies is the result of taking advantage of their respective strengths and giving full play to their comparative advantages, which is conducive to revitalizing the bank's stock of assets. While providing investment channels for personal wealth management products customers, it also provides more extensive financing channels for enterprises and promotes the innovation of financial products, but the emergence of new products has also led to new regulatory problems. For example, asset transfer and trust loan business is easy to trigger systemic risk, so regulators pay attention to it. Since the introduction of the first silver letter cooperative financial management product in 2006, the CBRC has promulgated a series of regulatory regulations for all kinds of innovative products of silver credit cooperative financial management, on the one hand, it aims to control risks. On the other hand, we also hope to reduce the channel business of trust companies through the promulgation of regulatory policies, and encourage trust companies to develop independently and independently. To a certain extent, the promulgation of regulatory policy has restricted the development of higher-risk banking and financial cooperation business categories, but the policy is rigid, the provisions of some normative documents are out of reality, long-term supervision leads to arbitrage space and lack of legitimacy foundation. There are still problems such as the absence of cross-market supervision and so on. We should proceed from two aspects of changing the concept of supervision and strengthening the construction of the system, and further improve the regulatory policy of financial cooperation between banks and credit from the angles of "thinning" and "blocking". To control financial risks while protecting the vitality of the market, in order to better achieve the purpose of the real economy of financial services. This paper discusses the perfection of the supervision system of banking cooperation through three chapters. The first chapter is about the legal analysis of the financial cooperation between the bank and credit, starting with the concept of the financial cooperation in the context of supervision and regulation, this paper discusses the development course and the main business types of the financial cooperation of the bank and credit, and discusses the development and the main business types of the cooperation. On the basis of the analysis of the legal relationship and the development motivation of the financial cooperation between the banks and the credit, the author puts forward the viewpoint that the financial cooperation between the banks and the credit is actually a single-fund trust with principal and agent. At the same time, it lays the groundwork for the discussion of the following legal risks and the current regulatory regulations; The second chapter focuses on all kinds of risks or problems that may be caused by the development of the banking cooperation business, reflecting the necessity of supervising the banking cooperation business, and summarizing and analyzing the contents of the existing regulatory laws and regulations. On the basis of sorting out the existing regulatory laws and regulations, this paper analyzes the shortcomings of all kinds of regulatory policies, and points out that there are some instructive norms out of reality in China's banking and credit cooperation regulatory norms at present. The rigidity of mandatory norms and regulatory differences lead to regulatory arbitrage space and other issues; In the third chapter, based on the summary of the first and second chapters, this paper puts forward some suggestions to improve the supervision system of banking and credit financial cooperation, from the perspective of changing the concept of supervision. In order to improve the current supervision of banking cooperation, six suggestions are put forward to improve the system construction and cross-market macro-prudential supervision, which is expected to be beneficial to the improvement of the current supervision of bank-credit financial co-operation.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.28
[Abstract]:As an innovative business model under the background of separate operation of financial industry in China, the cooperation of banking and financial management has developed rapidly in recent years. It has become the main business type of many trust companies, and has also aroused extensive social concern. It should be noted that the development of financial cooperation between commercial banks and trust companies is the result of taking advantage of their respective strengths and giving full play to their comparative advantages, which is conducive to revitalizing the bank's stock of assets. While providing investment channels for personal wealth management products customers, it also provides more extensive financing channels for enterprises and promotes the innovation of financial products, but the emergence of new products has also led to new regulatory problems. For example, asset transfer and trust loan business is easy to trigger systemic risk, so regulators pay attention to it. Since the introduction of the first silver letter cooperative financial management product in 2006, the CBRC has promulgated a series of regulatory regulations for all kinds of innovative products of silver credit cooperative financial management, on the one hand, it aims to control risks. On the other hand, we also hope to reduce the channel business of trust companies through the promulgation of regulatory policies, and encourage trust companies to develop independently and independently. To a certain extent, the promulgation of regulatory policy has restricted the development of higher-risk banking and financial cooperation business categories, but the policy is rigid, the provisions of some normative documents are out of reality, long-term supervision leads to arbitrage space and lack of legitimacy foundation. There are still problems such as the absence of cross-market supervision and so on. We should proceed from two aspects of changing the concept of supervision and strengthening the construction of the system, and further improve the regulatory policy of financial cooperation between banks and credit from the angles of "thinning" and "blocking". To control financial risks while protecting the vitality of the market, in order to better achieve the purpose of the real economy of financial services. This paper discusses the perfection of the supervision system of banking cooperation through three chapters. The first chapter is about the legal analysis of the financial cooperation between the bank and credit, starting with the concept of the financial cooperation in the context of supervision and regulation, this paper discusses the development course and the main business types of the financial cooperation of the bank and credit, and discusses the development and the main business types of the cooperation. On the basis of the analysis of the legal relationship and the development motivation of the financial cooperation between the banks and the credit, the author puts forward the viewpoint that the financial cooperation between the banks and the credit is actually a single-fund trust with principal and agent. At the same time, it lays the groundwork for the discussion of the following legal risks and the current regulatory regulations; The second chapter focuses on all kinds of risks or problems that may be caused by the development of the banking cooperation business, reflecting the necessity of supervising the banking cooperation business, and summarizing and analyzing the contents of the existing regulatory laws and regulations. On the basis of sorting out the existing regulatory laws and regulations, this paper analyzes the shortcomings of all kinds of regulatory policies, and points out that there are some instructive norms out of reality in China's banking and credit cooperation regulatory norms at present. The rigidity of mandatory norms and regulatory differences lead to regulatory arbitrage space and other issues; In the third chapter, based on the summary of the first and second chapters, this paper puts forward some suggestions to improve the supervision system of banking and credit financial cooperation, from the perspective of changing the concept of supervision. In order to improve the current supervision of banking cooperation, six suggestions are put forward to improve the system construction and cross-market macro-prudential supervision, which is expected to be beneficial to the improvement of the current supervision of bank-credit financial co-operation.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.28
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