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自从2001年加入WTO以后,我国的金融市场逐步对外开放,跨国银行如雨后春笋般在我国出现并发展。世界经济一体化和金融全球化,加深了各个国家金融市场的依赖程度,同时也加剧了金融风险的传播。银行是推动金融全球化进程的主力军,但同时又是金融风险的易发区。2008年的次贷危机就印证了这一点。危机的发生给世界金融亮起了警报灯,危机留下的惨痛经验和教训警示我们,一个国家开放其金融市场时,绝对不能忽视对本国金融安全的保护,时时刻刻都要防范金融风险的发生。危机爆发后,发达国家都对银行监管法制进行了全面深刻的改革,这对发展中国家尤其是我国有着很好的指导作用。我国应该积极学习和借鉴发达国家有关银行监管的法制,去粗取精因地制宜的进行改革,使我国的有关于银行监管的法制逐步完善,从而提高金融风险防范的准确性、有效性,为银行在我国更好的经营和发展提供坚实的法律保障。
Since China joined the WTO in 2001, China’s financial market has gradually opened to the outside world and multinational banks have mushroomed in the country. World economic integration and financial globalization have deepened the dependence of financial markets in various countries and at the same time exacerbated the spread of financial risks. Banks are the main force in promoting the process of financial globalization, but they are also risk-prone areas for financial risks. The subprime mortgage crisis in 2008 confirms this point. The crisis has given rise to warning lights in world finance. The bitter experiences and lessons left by the crisis have warned us that when a country opens its financial markets, it can never ignore the protection of its financial security and prevent financial risks from happening at all times occur. After the outbreak of the crisis, the developed countries conducted an all-round and profound reform of the banking regulatory legal system, which has a good guiding role for developing countries, especially China. Our country should actively study and learn from the legal system of the banking supervision in the developed countries, reform the legal system of banking supervision based on the principle of selecting and refining according to local conditions, so as to improve the accuracy and validity of the prevention of financial risks and to make the bank better in our country The operation and development provide a solid legal protection.