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发展使金融纵向规制弊端尽显,由金融纵向规制转向横向规制已成大势所趋。然而,金融产品的复杂性、立法过程中的利益博弈及高昂的立法成本和技术难度都使金融立法横向规制进程充满变数和艰辛,毕其功于一役只能是一种美好的想法,我国特殊的金融市场、管理体制及立法传统决定了我们只能采取渐进性的立法改革。为减少立法上的阻力和难度,当务之急是在保留现有基本立法框架和总结金融服务一般规则的基础上,以制定符合公平正义的金融商品销售规范、强化对客户的保护,并维护交易秩序与建立市场信心为宗旨的,以统一规定金融服务业的说明义务与推介适合性为核心的金融业服务基本法。
The development of the vertical defects of the financial system to make full, from the vertical regulation of the financial system has become the trend of horizontal regulation. However, the complexity of financial products, the interests of the game in the legislative process and the high cost of legislation and technical difficulties make the process of horizontal regulation of financial legislation is full of variables and hardships, it is only a good idea to complete the battle, our country’s special financial The market, the management system and the legislative tradition have determined that we can only adopt gradual legislative reforms. In order to reduce the resistance and difficulty in legislation, it is imperative to formulate the norms of sales of financial products in line with fairness and justice based on the existing basic legislative framework and the general rules on financial services, to strengthen the protection of customers and to maintain the order of transactions The establishment of market confidence for the purpose of the uniform provisions of the financial services description and promotion of fitness as the core of the basic financial services law.