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相互承认是欧盟金融服务法的一项基本原则,其基本涵义是指各成员国共同作出承诺,以监管标准的最低限度协调为基础相互认可对方成员国的金融监管规则,对跨境金融服务开放本国市场并适用母国的监管规则,相应的监管责任也由母国予以承担。其基本精神是消除跨境金融服务的法律壁垒,并发挥市场机制的作用以促进管制竞争,从而自发地形成最优的监管标准。相互承认原则的确立与欧共体金融业一体化方法的转变有着密切联系,其普遍推行也是这种新的一体化模式成功运用的结果。就制度设计而言,相互承认原则具有不完整性;就实施效果而言,其在促进管制竞争、实现服务自由方面的价值目前尚未得到充分体现。
Mutual recognition is one of the basic principles of the EU’s Financial Services Law. Its basic meaning is that all member states jointly make a commitment to mutually recognize the financial regulatory rules of each other’s member states on the basis of the minimum coordination of regulatory standards, open up cross-border financial services The domestic market and the applicable home country regulatory rules, the corresponding regulatory responsibility is also borne by the home country. Its basic spirit is to eliminate the legal barriers to cross-border financial services, and to play the role of market mechanism to promote regulatory competition, so spontaneously to form the optimal regulatory standards. The establishment of the principle of mutual recognition is closely related to the change of the method of integration of the financial sector in the EC. The universal implementation of the principle of mutual integration is also the result of the successful application of this new integrated model. In terms of system design, the principle of mutual recognition is incomplete. In terms of implementation effect, its value in promoting regulatory competition and achieving freedom of service has not yet been fully reflected.