论文部分内容阅读
金融机构薪酬问题虽然并非引发2009年金融危机的唯一原因,但肯定是诱因之一,这点得到了各国金融监管机构的广泛认同。就中美两国来看,虽然危机爆发后,两国政府均采取了一系列措施对金融机构薪酬监管进行改革,但统计数据表明,美国限薪措施的实施效果要远远好于我国。本文从监管对象、监管内容、公司治理、信息披露四个方面对中美改革措施进行深入比较分析,总结出我国金融机构薪酬体系监管改革主要存在缺乏对非国有金融企业薪酬的规制、缺乏对中长期激励薪酬的规定、公司治理机制有待完善以及薪酬信息披露力度有待加强等问题,从而提出借鉴美国的立法经验,从监管对象、监管内容、公司治理、信息披露等多方面完善我国对金融机构薪酬体系的监管。应特别说明的是,由于中美两国具体国情的差异,在借鉴美国立法经验的同时,还应当考虑我国特殊的国情,不能盲目照搬照套。
Although not the sole cause of the financial crisis in 2009, the remuneration of financial institutions is certainly one of the incentives, which has been widely recognized by financial regulatory agencies in various countries. As far as China and the United States are concerned, although the two countries have adopted a series of measures to reform the remuneration supervision of financial institutions after the crisis broke out, statistics show that the effect of the U.S. wage restraint measures is far better than that of our country. This article conducts an in-depth and comparative analysis of Sino-U.S. Reform measures from four aspects: the object of supervision, the content of supervision, corporate governance and information disclosure, concludes that the main regulatory reform of the remuneration system of financial institutions in our country lacks the regulation on the remuneration of non-state-owned financial enterprises, Long-term incentive remuneration requirements, the need to improve the corporate governance mechanism and the disclosure of remuneration information need to be strengthened, and so on. Therefore, this article draws lessons from the legislative experience in the United States to improve the remuneration of financial institutions in China from the aspects of regulatory objects, regulatory contents, corporate governance and information disclosure System of regulation. In particular, due to the differences in the specific national conditions between China and the United States, while drawing lessons from the legislative experience in the United States, we should also consider the special national conditions of our country and should not blindly copy the photos.