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母国监管已经成为各国跨国银行监管所接受的基本原则 ,我国也早在 1 990年即发布了《境外金融机构管理办法》 ,中国人民银行于 2 0 0 1年又出台了《商业银行境外机构监管指引》 ,这反映了我国对母国监管的重视。但是由于各种原因 ,现有的境外机构准入监管规则存在各种局限性。本文在探讨这些局限性之基础上 ,就我国境外机构准入监管法制的完善提出若干建议。
The supervisory control of the homeland has become the basic principle accepted by the supervisory authorities of multinational banks in various countries. Our country also promulgated the Measures for the Administration of Overseas Financial Institutions as early as 1990, and the People’s Bank of China promulgated in the year 2001 the Regulation on the Supervision of Overseas Institutions of Commercial Banks Guidelines ", which reflects our country’s emphasis on the supervision of home countries. However, due to various reasons, there are various limitations to the existing rules governing the access of foreign institutions. Based on the discussion of these limitations, this article puts forward some suggestions on how to improve the legal system of access control in overseas institutions.