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中国银监会自2003年成立以来,秉承“管法人、管风险、管内控、提高透明度”的监管理念与思路,将引领银行业改革发展与督导机构强化风险防范主体责任为基本职责,在促发展与防风险博弈过程中,寻找监管平衡点。随着党的十八届四中全会在国家顶层设计层面做出全面推进依法治国战略部署,各级行政管理部门也加快了全面推进依法行政进程,银监会于2015年初启动了监管体制及内部架构的改革工作,通过在规则制定与执行、审慎监管与行为监督、现场检查与监管处罚等方面建立内部制衡机制,提升监管执法效能。本文试探从金融监管治理维度视角,对银监会成立十年来监管执法效能进行分析评价,对监管新架构下提升监管执法效能有效性提出探索性意见。
Since its establishment in 2003, the China Banking Regulatory Commission has adhered to the regulatory concept and thinking of “managing legal persons, managing risks, strengthening internal control and enhancing transparency” and will guide the reform and development of the banking industry and the supervising agencies in strengthening the responsibility of the main body of risk prevention, In the process of game development and risk prevention, looking for regulatory balance. As the Fourth Plenary Session of the 18th CPC Central Committee made the strategic deployment of ruling the country by law at the top level of the state design, the administrative departments at all levels also accelerated the process of carrying out the administration according to law in an all-round way. The CBRC started the supervision system and its internal structure in early 2015 In the course of reform, we have set up an internal checks and balances mechanism in terms of formulating and implementing regulations, prudential supervision and conduct supervision, on-site inspections and regulatory penalties so as to enhance the efficiency of supervision and law enforcement. This paper tries to analyze the evaluation of supervision and law enforcement effectiveness of China Banking Regulatory Commission (CBRC) over the past 10 years from the perspective of the financial regulatory governance dimension and put forward some constructive suggestions on how to enhance the effectiveness of supervision and law enforcement under the new regulatory framework.