Yin Xingshan, the head of the Hangzhou sub-branch, proposed to improve the oversight measures

Yin Xingshan, the head of the Hangzhou sub-branch, proposed to improve the oversight measures
This year, the National People’s Congress and the National People’s Congress will soon.Sauna, Yewang was informed that a proposal brought by Yin Xingshan, member of the CPPCC National Committee, secretary of the Party Committee of the People’s Bank of China Hangzhou Center Sub-branch, under the strong financial supervision plan, should speed up the financial legislative process.Among them, in the face of serious mismatches with fines and other issues, it is necessary to improve the regulatory means of fines.Yin Xingshan stated in the preliminary that at present, important financial laws such as the People ‘s Bank of China Law, the Commercial Bank Law, and the Anti-Money Laundering Law have not been revised, and the problem of financial legislation lagging behind regulatory needs is still very prominent. The main manifestations are: first, newValue-added budget legislation package.After the institutional reform in 2018, various financial management departments made adjustments, but the legislation did not have corresponding support.For example, the People ‘s Bank of China strengthens macro-prudential management and systemic risk prevention, co-ordinates financial institutions and financial holding companies in the regulatory system, supervises important financial infrastructure, and is responsible for comprehensive statistics of the financial industry. The People ‘s Bank of China Law has no supporting amendments.Resulting in the lack of a clear legal basis and necessary additional means for the above-mentioned law enforcement.The second is serious mismatch between penalty and penalty.The current “People’s Bank of China Law” and “Commercial Banking Law” have a maximum suspected amount of 2 million yuan for units that violate laws and regulations, and the highest suspected amount of 500,000 yuan for units that violate compliance regulations in the “Anti-Money Laundering Law” will cause the consequences of money laundering.The highest unit score of the violations is 5 million.Such scoring efforts do not have the proper disciplinary effect on financial violations and violations, cannot be effectively produced as a supplement to the subsequent violations, and it is difficult to exert a shock-stopping effect on other markets.Third, it cannot reflect new development trends.Since the 2008 international financial crisis, strengthening the central bank ‘s macro-prudential management has become the core of financial supervision reforms in countries such as Britain and the United States after the crisis. The International Monetary Fund and financial stabilization measures also clearly put forward the central bank ‘s important responsibility for macro-prudential management.Laws and regulations have not been reflected; the operation and management of commercial banks have undergone many changes. In practice, Basel III has been implemented regarding commercial banks ‘capital adequacy ratio, liquidity management, risk control, etc., which has not been reflected at the legal level.In response to the above issues, Yin Xingshan made four recommendations: First, to speed up the existing law revision process.Under the premise of ensuring the quality of legislation, it is recommended to speed up the revision of the important financial laws such as the People ‘s Bank of China Law, the Commercial Bank Law, and the Anti-Money Laundering Law, and fully absorb the latest practical achievements at home and abroad to provide powerful laws for strong financial supervision.arms.The second is to improve overall planning and supervision rules.The financial business is complex and the mutual influence between financial laws. For example, the “People’s Bank of China Law” and the “Commercial Banking Law” are closely linked. The People’s Bank of China has reverse anti-money laundering responsibilities. Commercial banks are responsible for anti-money laundering obligations.When amending the law, strengthen the coordination of financial laws, and comprehensively improve the relevant financial supervision legal rules system.The third is to highlight the key points to do legal revision.On the basis of strengthening unified fundraising, it is recommended to expand the focus of each law amendment when amending the law. For example, the “People’s Bank of China Law” focuses on solving the existing lack of clear legal basis for ownership and necessary measures to ensure strong supervision;The “Commercial Banking Law” focuses on solving the problems that do not match the existing development practices of commercial banks, and enhances the effectiveness of supervision. The “Anti-Money Laundering Law” focuses on blanks, perfecting anti-money laundering regulatory rules, and solving the problems of narrow scope and low amounts.The fourth is to improve the oversight and punishment measures.Improve the regulatory measures that match the nature of the illegal behavior, and determine the appropriate type, scope, and feasible implementation effect based on the social impact of the illegal behavior, the degree of damage to public interests, and specific interests.For violations of a serious nature, increase administrative law enforcement and pursue criminal responsibility if necessary.Sauna, Ye Wang Hou Runfang Editor Wang Jinyu proofread Li Ming

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